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Civil Law I

Code: 102300
Credits: 6
2026/2027
Degree programme Type Course
Law FB 1

Contact lecturer

Name :
Xavier Cecchini Rosell
Email :
xavier.cecchini@uab.cat

Teaching staff

Ferran Hurtado Parras
Gloria Ortega Puente
Maria Isabel Garcia Ruiz
Ricardo Fernando de la Rosa Fernandez
Xavier Cecchini Rosell
Mariona Torra Cot
Guillem Izquierdo Grau
Montserrat Martin Bover
Olga Villagrasa Aguilar
Juan Manuel Abril Campoy

Group languages

You can consult this information at the end of the document.

Prerequisites

Start of the course and schedule of teaching weeks

The course will start on September 7th.

Each semester has a schedule of 15 weeks of teaching. Therefore, the days affected by holidays and other incidents must be rescheduled and will be recovered, so that each subject has the same teaching hours.

Of these 15 weeks, the following must be taken into account:

In the last week of each semester, the teaching of each subject will consist of only 2 hours of seminars.

In the first year, during the first 2 weeks of each semester, the 3 hours of teaching will be theory.

The teaching of the subject will be taught taking into account the perspective of the Sustainable Development Goals.


The teaching groups and assigned teachers are as follows:

102300- CIVIL LAW I
Group Professor Schedule Language
1 Cecchini Th. 8.30 - 10 h (Mon 10,15-11,45h. 2 first weeks) catalan
2 Abril Wed. 12-13.30 h (Tue. 13,45-15,15h. 2 first weeks) catalan
3 Cecchini Tue. 10,15-11,45 h. (Mon. 8,30-10h. 2 first weeks) catalan
51 Izquierdo Th.16-17.30 h (Mon. 17,45-19,25h. 2 first weeks) spanish
Seminars
11 Martín Mon. 10.15-11.45 h catalan
12 Cecchini Mon. 10.15-11.45 h catalan
13 Hurtado Mon. 10.15-11.45 h

21 García Wed. 13.45-15.15 h catalan
22 Abril Wed. 13.45-15.15 h catalan
23 Vilagrasa Wed. 13.45-15.15 h

31 Martín Mon. 8,30-10 h. catalan
32 Cecchini Mon. 8,30-10 h.

33 De La Rosa Mon. 8,30-10 h. catalan
511
Mon. 17.45-19.15 h

512 Izquierdo Mon. 17.45-19.15 h spanish





70 Ortega theorical lessons: Wed. 8.30-10 h (Th. 10.15-11,45 h. 2 firts weeks) catalan
701 Torra Th. 10,15- 11,45 h 15th week only 2 seminar hours catalan
702 Ortega Th. 10,15-11,45 h 15th week only 2 seminar hours catalan
703
Th. 10,15-11,45 h 15th week only 2 seminar hours




The teaching of the subject will take into account the perspective of the Sustainable Development Goals.

Objectives

Civil law I is taught in the second semester of the first academic year. By means of the study of this subject matter the student can get the fundamentals of Civil Law, which will be developed later on. Therefore, it could be considered as an essential matter within the Grade of Law having a high impact on other topics of the Degree of Law.

Civil Law I aims to:

- Identify the object, sources and fundamental concepts of the general part of Civil Law I.

- Distinguish the interactions between different "subjects", which are regulated by Civil Law.

- Highlight the basic elements of the legal framework of individuals (persona) and legal bodies

Learning outcomes

  1. Managing bibliographic and documentary resources: databases, browsing, etc.
  2. Students must be capable of learning autonomously and having an entrepreneurial spirit.
  3. Students must be capable of communicating their points of view in a compelling way.
  4. Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
  5. Defining the terms of the civil-legal language.
  6. Producing texts using civil-legal terminology.
  7. Applying the principles and basic knowledge of the personal rights.
  8. Presenting the characteristic legal techniques of the general part.
  9. Analysing the specific institutions of the personal rights.
  10. Distinguishing a global view of the legal techniques of the general part of civil law I.
  11. Producing oral texts in the several fields of civil law, showing specific communicative abilities.
  12. Reproducing the interpretation and implementation regulations of the legal standards.
  13. Defining the different forms of creation of law.
  14. Identifying the socio-legal context where law sources are born.
  15. Contextualizing the ways of creating law in the current historical moment.
  16. Setting concepts around the plurality of legal systems.
  17. Explaining the main concepts in terms of equality.
  18. Defining the socio-legal context of the equality discourse.
  19. Present information in a way that is appropriate to the type of audience.

Contents


CIVIL LAW I PROGRAMME


PART I. INTRODUCTION TO CIVIL LAW AND GENERAL PART


UNIT 1. CIVIL LAW AND CIVIL LAW SYSTEMS

  1. Public law and private law. Concept and functions of civil law.
  2. Civil codification: general aspects.
  3. The plurality of civil law systems in Spain.
  4. Legislative powers in civil law matters: Article 149.1.8 of the Spanish Constitution.


UNIT 2. REGIONAL CIVIL LAW AFFILIATION

  1. Regional civil law affiliation: concept, function and characteristics.
  2. The different forms of regional civil law affiliation.
  3. Acquisition of regional civil law affiliation.
  4. Modification and exercise of the right of option.
  5. Retention, loss and recovery of regional civil law affiliation.
  6. Regional civil law affiliation and nationality.
  7. Proof and registration of regional civil law affiliation.


UNIT 3. THE SOURCES OF CIVIL LAW

  1. Concept and types of sources of law.
  2. The sources of Catalan civil law.
  3. Statute law.
  4. Custom.
  5. General principles of law.
  6. Case law and judicial doctrine.
  7. The supplementary application of the Spanish Civil Code.
  8. The Catalan legal tradition.


UNIT 4. EFFECTIVENESS AND APPLICATION OF CIVIL LAW RULES

  1. The territorial scope of civil law rules.
  2. The temporal effectiveness of legal rules: entry into force, repeal, retroactivity and transitional law.
  3. The general effectiveness of legal rules: ignorance of the law, mistake of law and voluntary exclusion of the applicable law.
  4. Mandatory rules and default rules.
  5. Nullity of acts contrary to law.
  6. Evasion of the law.
  7. Interpretation of legal rules: criteria and types.
  8. Integration of the legal system: analogy and equity.


UNIT 5. PRIVATE AUTONOMY, SUBJECTIVE RIGHTS AND THE PASSAGE OF TIME

  1. Private autonomy: concept, manifestations and limits.
  2. The legal relationship and subjective legal situations.
  3. Subjective rights: concept, types and exercise.
  4. Limits on the exercise of rights: good faith and abuse of rights.
  5. Civil computation of time.
  6. Limitation of actions: subject matter, parties, limitation periods, interruption, suspension and waiver.
  7. Extinctive prescription: concept, types and legal regime.
  8. Preclusion.


PART II. LAW OF PERSONS


UNIT 6. THE NATURAL PERSON: PERSONALITY, CAPACITY AND CIVIL STATUS

  1. The natural person as a subject of law.
  2. Birth and the acquisition of civil personality.
  3. Legal protection of the conceived but unborn child.
  4. Legal capacity: concept and characteristics.
  5. Civil status and personal conditions: concept, characteristics and civil status titles.
  6. The Civil Registry: functions and legal effect of registry entries.
  7. Extinction of personality: death and commorientes.
  8. Registration of death.


UNIT 7. PERSONALITY RIGHTS

  1. Concept, nature and characteristics of personality rights.
  2. Dignity, the free development of personality and personal autonomy.
  3. The right to life and to physical integrity.
  4. Informed consent and personal autonomy in healthcare matters.
  5. Name and other elements of personal identification.
  6. The right to honour, personal and family privacy, and one’s own image.
  7. Freedom of expression and freedom of information. The right of reply.
  8. Protection of personal data and digital identity.
  9. Civil-law protection of the memory of the deceased person.


UNIT 8. MINORITY AND PROTECTIVE INSTITUTIONS

  1. Minority. The best interests of the minor.
  2. The progressive autonomy of the minor and the right to be heard.
  3. Legal representation. Parental authority: concept, holders, exercise and content.
  4. Guardianship of minors: establishment, exercise, termination and content. The guardianship council.
  5. De facto care of minors. The court-appointed representative.
  6. Civil liability of minors.
  7. Emancipation: grounds and effects.
  8. Abandonment or lack of protection: concept, declaration and effects.


UNIT 9. SUPPORT MEASURES FOR THE EXERCISE OF LEGAL CAPACITY

  1. The International Convention on the Rights of Persons with Disabilities and the paradigm shift in matters of legal capacity.
  2. General principles: respect for the person’s will, preferences and autonomy.
  3. Voluntarily established support measures. Preventive powers of attorney.
  4. Assistance: concept, establishment, types, content and termination.
  5. De facto care.
  6. The court-appointed representative.
  7. Safeguards against conflicts of interest and undue influence.
  8. The protected estate of a person with a disability or in a situation of dependency.


UNIT 10. LOCATION OF THE PERSON AND SITUATIONS OF ABSENCE

  1. Domicile, residence and whereabouts.
  2. The situation of the missing person.
  3. Legal absence: requirements, time limits and effects.
  4. Representation of the absent person.
  5. Declaration of death: requirements, time limits and effects.
  6. Revocation of the declaration of death.
  7. Registration of situations of absence.


UNIT 11. THE LEGAL ENTITY

  1. The legal person: concept, types and attribution of legal personality.
  2. Capacity, representation, liability and extinction of the legal person.
  3. Associations: formation, organisation, operation and dissolution.
  4. Foundations: formation, governing bodies, operation and extinction.


PART III. FAMILY LAW


UNIT 12. FAMILY RELATIONSHIPS

  1. Family and kinship. Family-based maintenance obligations.
  2. Marriage: capacity, consent, form and personal effects.
  3. Economic relations between spouses. The separate property regime.
  4. Nullity, separation and divorce. Common effects of marital breakdown.
  5. Stable unmarried partnership: formation, effects and termination.
  6. Filiation: determination and effects. Filiation actions.
  7. Adoption.


PART IV. SUCCESSION LAW


UNIT 13. THE SUCCESSION PROCESS

  1. Opening of the succession. Hereditary vocation and delation.
  2. The principles of Catalan succession law.
  3. The estate. The heir and the legatee.
  4. Acceptance and renunciation of the inheritance.
  5. Voluntary succession: will, codicil, testamentary memorandum and succession agreement.
  6. Intestate succession: orders of succession.
  7. The legitime or compulsory share: entitled persons, amount and calculation.
  8. The widow’s quarter.


Learning activities and methodology

Title Hours ECTS Learning outcomes
lectures, resolution of cases, process and mediation rol playing, oral presentations 22 0.88 1, 3, 4, 5, 6, 7, 8, 9, 11, 13, 17, 18
Search of bibliography and case law, learning, readings, production of legal documents 106 4.24 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19
Seminars: discussion and resolution of practices, simulations of judgments and mediations, oral presentations 22 0.88 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19

The learning process is based on the work of the person enrolled in it, who learns by working, with the mission of the teaching staff to help them by providing information, showing them sources of knowledge and supervising the work.

The development of the teaching of the subject and the training of the student is based on the following activities:


1. Directed activities:


1.1 Lectures: The theory teacher will explain the fundamental concepts of each topic to deepen and work in the seminars in a practical way. The student achieves the conceptual bases of the subject and learns the legal and regulatory framework. The theoretical class does not necessarily have to involve a passive position of the students since it can be built by both parties or theoretical knowledge can be produced by the students by applying technology. Theoretical content can be worked on from questions that students ask in the classroom or that the teaching staff formulates, from a news item that has appeared in the press, etc...


1.2. Seminars: Attendance at seminars is mandatory. At the beginning of the course, the teaching staff will propose the activities they consider relevant for the purposes of continuous assessment by publishing a calendar with the schedule of activities in the Moodle classroom. These are activities that students will carry out in the classroom, with the supervision and support of the teaching staff.


2. Autonomous activities: They are fundamentally those related to the study of the subject to assume basic knowledge of it. In addition to the study, they include, among others:


2.1. The preparation of documents: these are those required by the seminars. They can be in relation to practical cases proposed in advance or that must be created by the students. Part of the autonomous activity is a partial exam, the specific form of which is determined by the teaching staff of each group.


2.2. Search for bibliography and instrumental jurisprudence for the resolution of the seminars and the preparation of the exam.


2.3. Comprehensive reading of legal texts: The texts can be judgments, journal articles, monographs. The type of text will be determined by the teachers of each group.


Part of the material for the activities is made available to students through the Virtual Campus.


Note: 15 minutes of a class will be reserved, within the calendar established by the center/degree, for students to complete the surveys to evaluate the performance of the teachers and to evaluate the subject.

Annotation: within the schedule set by the centre or degree programme, 15 minutes of one class will be reserved for students to evaluate their lecturers and their courses or modules through questionnaires.

Assessment

Continuous assessment activities

Title Weight Hours ECTS Learning outcomes
Writing documents, oral presentation in class and mock trials. 50% 0 0 1, 2, 4, 5, 6, 7, 8, 11, 12, 16, 17, 19
Final exam 50% 0 0 3, 5, 7, 9, 10, 13, 14, 15, 17
Re-evaluation 100% 0 0 3, 5, 6, 7, 9, 10, 12, 13, 14, 15, 16, 17, 18

EVALUATION SYSTEM OF THE ACQUISITION OF SKILLS AND QUALIFICATIONS SYSTEM

ORDINARY EVALUATION AND QUALIFICATION SYSTEM:


I. Continuous evaluation:

The continuous assessment is made up of three main parts:

The first part is the realization of practical activities that will be carried out at home and discussed in class. The students will not have to present anything in writing unless the teaching staff so indicate. This part has a value of 20%.

The second part is the completion of a non-liberating partial exam. The partial will consist of a first test-type part and a second part of theoretical questions to be developed. The value of this part is 15%.

The third part is the so-called reverse teaching, where the student will have to deliver a video about the content of a subject of the program that the professor will assign to him. The value of this part is 15%.

The remaining 50% to obtain the approved subject will be made up of the final exam. The final exam will consist of three theoretical questions to be developed.


Not assessable:

Students will be assessable as long as they have completed a set of activities whose weight is equivalent to a minimum of 2/3 of the subject's total grade. If the value of the activities carried out does not reach this threshold, the teaching staff of the subject may consider the student as not assessable.


II. Final exam

Students will be able to take the final exam regardless of the grade obtained in the continuous assessment.

The subject will only be passed if a grade of 4 out of 10 or higher is obtained in the final exam.

The specific type of final exam will be written. Students are examined for the entire subject program, even if for academic or extra-academic reasons it has not been possible to give all the content in the lectures.


III. Subject qualification with the continuous assessment system

The score obtained in the continuous assessment will be worth 50% of the subject's grade. The final exam score will be worth 50% of the subject's grade.

Continuous assessment note: it will consist of the notes obtained in the practical activities proposed in the seminars, as well as the active participation and the partial exams carried out during the course.

Final exam grade: in order to pass the subject, the final exam must be passed with a minimum grade of 4 out of 10.

The subject will be approved by obtaining a minimum of 5 out of 10, in accordance with the established percentages.


IV.- Single evaluation:

Content of the single assessment

The single assessment must have the same level of complexity and demand as the continuous assessment and in it the students must demonstrate the acquisition of the knowledge and skills specific to each subject.

In any case, the single assessment, like the continuous assessment, must include a minimum of three assessable activities, of two different types, none of which can represent more than 50% of the final grade.

In the event that it is required to present evidence that the student has carried out his learning independently during the academic year, on the single assessment date it must be verified that the student has acquired the knowledge and skills planned


The single assessment will consist of the following tests, which must be carried out individually and individually for each student, on the official date scheduled for the final exam:

a) the resolution of a transversal practical case, where the student will have to answer the questions asked about the case. (40%)

b) the completion of a quiz, where incorrect questions and those left blank will penalize. (20%)

c) the completion of a written test of theoretical content, where students will have to demonstrate their knowledge of the subject's program. (40%)


Not assessable:

The same non-evaluable criterion will be applied as for the continuous evaluation.


V. RE-ASSESSMENT

To access the re-assessment, a minimum grade of 3 out of 10 must be obtained for the subject, whether the student has opted for the single assessment or the continuous assessment. Students are examined for the entire program of the subject.

To access the re-assessment, it is necessary to have taken the final exam.

The subject will be passed with a minimum of 5 out of 10, according to the established percentages. The final grade will be a maximum of a pass.

In the re-assessment exam, students are examined for 100% of the subject without taking into account the grade of the continuous assessment.

Students who have opted for the single assessment will have the same type of exam as the final exam carried out in the single assessment: it must include a minimum of three assessable activities, of two different types, none of which can represent more than 50% of the final grade.


IMPORTANT: In the event that the student copies, commits plagiarism or is discovered using any prohibited device in any assessment test, the teaching staff will grade him/her with a 0 in this assessment act, and will notify the Dean of the Faculty of the fact by submitting a report on the circumstances and evidence of the fact produced to request the opening of a possible disciplinary file against the student. This assessment activity will not be recoverable. In the event that more than one irregularity occurs in the assessment acts of the same subject, the final grade for this subject is 0.


USE OF AI

For this subject, the use of Artificial Intelligence (AI) technologies is permitted exclusively in support tasks, such as bibliographic or information searches, text correction or translations. The student must clearly identify which parts have been generated with this technology, specify the tools used and include a critical reflection on how these have influenced the process and the final result of the activity. The lack of transparency in the use of AI in this assessable activity will be considered a lack of academic honesty and may lead to a partial or total penalty in the grade of the activity, or greater sanctions in serious cases.

Bibliography

LEGAL MATERIALS AND BIBLIOGRAPHY: Students are expected to read and study the recommended basic bibliography.

1. Legislation:


- Spanish Constitution

- Statute of Autonomy of Catalonia

- Civil Code of Catalonia and complementary legislation

- Spanish Civil Code and complementary legislation

 

2. General Textbooks:

Dret civil. Part general i persona, Antoni vaquer Aloy (coord.), Susana Navas Navarro, Esperança Ginebra Molins, Esteve Bosch Capdevila, Josep Ferrer Riba, Albert Lamarca Marquès, Jordi Ribot Igualada, Atelier, Barcelona, 4ª edició, 2020.

- Lliçons de Dret civil català, I. Part general de dret civil, Mª del Carmen Gete-Alonso y Calera, Judith Solé Resina, Tirant Lo Blanch, Valencia, 2018. (electronic version available) https://biblioteca-tirant-com.eu1.proxy.openathens.net/cloudLibrary/ebook/show/9788413130620

Lliçons de Dret civil català, II. Dret de la persona, Mª del carmen Gete-Alonso y Calera, Judith Solé Resina, Tirant lo Blanch, 2nd ed., Valencia, 2018.

https://biblioteca-tirant-com.eu1.proxy.openathens.net/cloudLibrary/ebook/show/9788491906391

 

3. More suggested bibliography:

- Derecho civil de Cataluña. Derecho de Familia. Pedro del Pozo Carrascosa, Antoni Vaquer Aloy, Esteve Bosch Capdevila, 3ª edició, Marcial Pons, 2022.

Derecho civil de Cataluña. Derecho de sucesiones. Pedro del Pozo Carrascosa, Antoni Vaquer Aloy, Esteve Bosch Capdevila, 3ª edició, Marcial Pons, 2017. 

 

 

 

Software

 The course does not require any specific software.

Course groups and languages

The information provided is provisional until November 30. After this date, you will be able to consult the language of each group through this link. To access the information, you will need to enter the course CODE

Type of teaching Group Language Semester Shift
(TE) Theory 1 Catalan second semester morning-mixed
(TE) Theory 2 Catalan second semester morning-mixed
(TE) Theory 3 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 11 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 12 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 13 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 21 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 22 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 23 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 31 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 32 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 33 Catalan second semester morning-mixed
(TE) Theory 51 Spanish second semester afternoon
(TE) Theory 70 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 511 Catalan second semester afternoon
(SEM30) Seminaris (30 estudiants per grup) 512 Spanish second semester afternoon
(SEM30) Seminaris (30 estudiants per grup) 701 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 702 Catalan second semester morning-mixed
(SEM30) Seminaris (30 estudiants per grup) 703 Catalan second semester morning-mixed