
Civil Law IV
Code: 102238 ECTS Credits: 6| Degree | Type | Year |
|---|---|---|
| Law | OB | 3 |
Contact
- Name:
- Juan Manuel Abril Campoy
- Email:
- joanmanel.abril@uab.cat
Teachers
- Juan Manuel Abril Campoy
- Fernando Hurtado Parras
- Sandra Camacho Clavijo
- Maria Planas Ballvé
- Rafael Arnaiz Ramos
- Laura Arroyo San Jose
- Ricardo Fernando de la Rosa Fernandez
- María Álvarez García-Rovés
- Montserrat Martin Bover
- Maria Isabel Garcia Ruiz
- Cristina Alonso Suarez
Teaching groups languages
You can view this information at the end of this document.
Prerequisites
Law/BA Degree
Group 70: Joan Manel Abril/ language: Catalan
Group 70.1 To determinate
Group 70.2. Joan Manel Abril
Law Degree
Group 1: Joan Manuel Abril Campoy /language: Catalan
Seminars: Groups 1.1. Joan Manel Abril
Group 1.2 Ferran Hurtado
Group 1.3 Ricardo De la Rosa
Group 2: María Álvarez/language: Spanish
Group 2.1 María Álvarez
Group 2.2. Isabel García
Group 2.3. Laura Arroyo
Group 51: Rafael Arnaiz /language: Spanish
Seminars: Groups 51.1 Rafael Arnaiz
Group 51.2. Cristina Alonso
Group 51.3 María Planas
Objectives and Contextualisation
Competences
- Apprehending the necessary mechanisms in order to know, assess, and apply the legislative reforms as well as to follow the changes produced in a concrete subject.
- Contextualizing the several forms of creation of law in its historical evolution and its current situation.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Identifying, knowing and applying the basic and general principles of the legal system.
- Identifying the underlying conflicts of interest in disputes and real cases.
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Planning and organising: managing of time, resources, etc.
- Properly analysing the issues related to equality between men and women.
- Searching, interpreting and applying legal standards, arguing every case.
- Students must be capable of communicating their points of view in a compelling way.
- Students must be capable of demonstrating a critical awareness of the analysis of the legal system and development of legal dialectics.
- Students must be capable of learning autonomously and having an entrepreneurial spirit.
- Students must be capable of producing initiative, creative and innovative knowledge, as well as new ideas.
- Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
Learning Outcomes
- Analysing the fundamental concepts of civil law.
- Analysing the specific institutions of the property law.
- Applying communicative strategies in order to identify and explain legal conflicts in the different fields of civil law, family law, successions, consumption, minors and civil responsibility.
- Applying concepts in a cross-cutting way to the several subjects of civil Law from the jurisprudence of the different jurisdictional bodies.
- Applying strategies in order to produce written and oral texts in the several fields of civil law.
- Applying the knowledge acquired in the preparation of documents that reflect specific legal interests.
- Contextualising the creation forms of Law in the property field.
- Critically interpreting the foundations of the civil law.
- Defining the European and international concepts in terms of equality.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Distinguishing the socio-legal context of several civil institutions.
- Drawing up written texts (contracts, wills).
- Identifying the conflicts of interest that are trying to be solved by the legislator when elaborating civil regulations.
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Planning and organising: managing of time, resources, etc.
- Presenting orally, with a critical discourse, the reforms of civil institutions.
- Producing oral and written texts and presenting points of view about civil-legal institutions.
- Producing oral and written texts of egalitarian discourse.
- Producing oral texts in the several fields of civil law, showing specific communicative abilities.
- Producing reports about new legal changes.
- Solving interferences between the several conflict interests of civil regulations.
- Students must be capable of communicating their points of view in a compelling way.
- Students must be capable of learning autonomously and having an entrepreneurial spirit.
- Students must be capable of producing initiative, creative and innovative knowledge, as well as new ideas.
- Working in teams, being either a member or a coordinator of working groups, as well as making decisions affecting the whole group.
Content
REAL RIGHTS
GENERAL PART AND REGISTRY LAW
SUBJECT 1. THE REAL RIGHT. ACQUISITION AND TRANSMISSION OF REAL RIGHT
1. The real right: concept, classes. The intermediate situations
2. Sources of creation of real rights
3. The double system of acquisition and transmission of real rights
4. Tradition: concept and modalities
SUBJECT 2. THE REGISTRY OF THE PROPERTY (I)
1. Property registration: concept. Registry systems. The Spanish registry system and its regulations
2. The situations that enter the registry. Registrable titles
3. The registry farm: concept and types. Access to the Registry and alterations to the registered property
4. Concordance and coincidence between Land Registry and Cadastre
5. The registration entry: concept, classes and lapsing
SUBJECT 3. THE REGISTRY OF THE PROPERTY (II). THE REGISTRY OF MOVABLE PROPERTY
1. The inmatriculación : c oncept, means inmatriculación , d ouble inmatriculación
2. Rectification of the inaccurate registration
3. Effects of registry advertising:
3.1. Material and formal advertising
3.2. Registry legitimation
3.2. Non-enforceability and public registration faith
4. The registry of movable property: forms, sections and fundamental features
ITEM 4. POSSESSION
1. Concept. Possession and possession
1.1. Subjects. Capacity. Co-possession and concurrence of possessions
1.2. Object
1.3. Content
2. The possessory concept. Investment or interinversion .
3. Possession in good and bad faith
4. Modes of acquisition of possession. Capacity. Clandestine and violent possession
5. End of possession: Causes
6. Effects of possession:
6.1. Possession and title. Acquisition in good faith of personal property
6.2. Liquidation of the possessory situation
7. The judicial protection of possession. Publicity action
ITEM 5. DONATION
1. The donation: legal nature
2. The act of donation:
2.1. Structure
2.2. Donor and grantee capacity
2.3. Object
2.4. Limitations of the device effect: d conditional onaciones and time. Donation with reversal clause. Donation with reservation of the power to dispose
3. The free cause:
3.1. The modal donation. The remunerative donation. Indirect donation . Donations with a charitable nature.
3.2. Effects derived from the free cause
3.3. Revocation of donations
4. The lucrative title:
4.1. Shape
4.2. Grantee acceptance
4.3. Donation effectiveness
ITEM 6. USUCAPIÓN
1. Concept, subjects and object
2. Requirements:
2.1. Skillful possession to usucapir
2.2. The deadlines. Interruption. Suspension
3. The liberating usucapion
4. Waiver of usucapion
5. Usucapion and land registration
ITEM 7. EXTINCTION OF REAL RIGHTS
1. Difference between extinction and causes of extinction of the real right
2. Loss of good. The royal surrogacy
3. Consolidation. Real owner rights
4. The resignation
ITEM 8. PROPERTY LAW
1. The property right
1.1. Concept, characters and social function. New forms of access to home ownership: temporary ownership and shared ownership.
1.2. Content and scope.
1.3. Disposal prohibitions
2. Restrictions on property rights:
2.1. Concept
2.2. Restrictions on public interest
2.3. Restrictions on private interest. Neighborly relations: r elations contiguity
2.4. State of need
3. The immissions: concept, classes and legal regime. Jurisprudential doctrine and special reference to the environment
4. Ways of acquiring property rights:
4.1. Accession : r General ules ; l to real estate accession ; he movable accession.
4.2. Acquisition by occupation. Legal regime of the findings and objects of extraordinary value
5. Abandonment of property
6. Protection of property rights
6.1. The action claiming: concept , r equirements , e ffects
6.2. Exclusion actions: negative action, closure of farms, delimitation and marking
ITEM 9. COMMUNITY SITUATIONS
1. Community and joint ownership. Community situations. Society and community.
2. Undivided ordinary community: concept and constitution
2.1. Individual community rights
2.2. Rights and duties on the object of the community
2.3. Extinction: the division of the community
3. Horizontal property
3.1. Setting. Constitution and legal regime. Community bodies.
3.2. Simple horizontal property
3.3. Complex horizontal property
3.4. Communities and sub-communities for garages and storage rooms
3.5. Horizontal property by plots.
4. Community by turns.
5. The special mediating community.
PARTICULAR REAL RIGHTS
SUBJECT 10. THE GUARANTEE RIGHTS (I): RETENTION, GARMENT, ANTICHRESIS
- Real rights of guarantee: concept and characters; clases and general legal effectiveness
- Lien:
2.1 Concept. Constitution
2.2 Legal regime. Effects
2.3 Withholding of low-value personal property
- The garment:
3.1. Concept. Constitution
3.2. Legal regime. Effects
3.3. The pledge without displacement: legal regime
- Antichresis:
4.1. Concept. Constitution
4.2. Legal regime. Effects
SUBJECT 11. GUARANTEE RIGHTS (II): THE MORTGAGE
1. Legal and doctrinal concept
2. Objective and objective extension of the mortgage
3. Subjects: mortgage debtor, non-debtor mortgagee and third owner of mortgaged property, mortgage creditor .
4. The constitution of the mortgage: voluntary and legal
5. Legal regime of mortgage credit. Mortgage classes based on credit. Subrogation and modification of mortgage loans
6. Mortgage effectiveness:
6.1. Security phase. The devastation action
6.2. Execution phase. Procedures to realize the value of the mortgaged assets
6.2.1 . Direct execution against mortgaged assets
6.2.2. Extrajudicial sale of the mortgaged assets
6.2.3. Legal effects of execution. Special reference to the habitual residence
7. The extinction of the mortgage. Registration cancellation
8. The chattel mortgage. Legal regime
ITEM 12. PREFERRED ACQUISITION RIGHTS
1. Preferential acquisition rights: concept, classes. Constitution title. Extinction
2. Voluntary acquisition rights: general legal regime
2.1. Right of option: constitution, content and exercise of the right
2.2. Rights of first refusal and withdrawal: constitution, content and exercise of rights
3. Rights of first refusal and legal retraction. Adjoining portrait. Turning
4. Collision and preference between acquisition rights
SUBJECT 13. RIGHT OF USUFRUCT. USE RIGHT AND ROOM RIGHT. REAL RIGHT OF PARTIAL USE
1. Real usufruct right: concept and constitution
2. Purpose. Subject and joint ownership
3. Content: rights and duties of the usufructuary and the owner knot
3.1. Loads before taking possession.
3.2. Disposition of law : u suffrage with the power to dispose
3.3. The fruits and the improvements
4. Extinction, liquidation and defense
5. Use and room rights
6. The right of partial use
ITEM 14. RIGHT OF SERVITUDE
1. Right of easement: concept and constitution
2. General and accessory content. Easements lights and views
3. Easement on own property
4. Extinction of easements. Modification of farms and termination of easements
5. Protection: confessional action
ITEM 15. SURFACE RIGHT. RIGHT OF FLIGHT. CENSUS RIGHT
1. The surface right. Concept and legal regime
2. The right of flight. Concept and legal regime
3. The right of census. Concept, classes and legal regime
Activities and Methodology
| Title | Hours | ECTS | Learning Outcomes |
|---|---|---|---|
| Type: Directed | |||
| Master classes and seminars | 22 | 0.88 | 2, 3, 10, 8, 15, 21, 24 |
| Seminars in the classroom | 22 | 0.88 | 4, 10, 8, 15, 12, 24 |
| Type: Supervised | |||
| Tutorials | 6 | 0.24 | 1, 5, 15 |
| Type: Autonomous | |||
| reading legal texts | 25 | 1 | 1, 4, 3, 22, 7, 14, 12, 21, 24 |
| search of bibliography and jurisprudence | 6 | 0.24 | 1, 2, 20, 16, 17 |
| study | 45 | 1.8 | 2, 4, 6, 7, 10, 20, 16, 13, 8, 15, 25 |
| writing of works | 20 | 0.8 | 5, 22, 14, 15, 19, 18, 12, 24 |
3.4. Restricted use. The use of Artificial Intelligence (AI) technologies is permitted exclusively for support tasks, such as bibliographic or information searches, proofreading texts or translations, and other specific situations where appropriate. Students must clearly identify which sections were generated with this technology, specify the tools used, and include a critical reflection on how these influenced the process and the final outcome of the activity. Lack of transparency in the use of AI in this assessable activity will be considered a breach of academic dishonesty and may result in a partial or total penalty in the activity grade, or a more severe penalty in serious cases.
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
Continous Assessment Activities
| Title | Weighting | Hours | ECTS | Learning Outcomes |
|---|---|---|---|---|
| Evaluable activities (eg partial exam and resolution two practices) | 50% | 2 | 0.08 | 1, 9, 10, 13, 15, 21, 25 |
| re-evaluation | 100% | 1 | 0.04 | 6, 3, 5, 10, 11, 14, 13, 15, 19, 12, 25 |
| Synthesis exam | 50% | 1 | 0.04 | 1, 2, 4, 6, 22, 7, 9, 11, 20, 16, 14, 8, 15, 19, 18, 17, 12, 23, 24 |
Bibliography
1. Civil Code of Catalonia: Law 5/2006, of May 10, of the Fifth Book of the Civil Code of Catalonia, relating to real rights.
2. State Civil Code
3. Mortgage Law and Regulation
Software
No particular program is used.
Groups and Languages
Please note that this information is provisional until 30 November 2025. You can check it through this link. To consult the language you will need to enter the CODE of the subject.
| Name | Group | Language | Semester | Turn |
|---|---|---|---|---|
| (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) | 511 | Spanish | second semester | afternoon |
| (SEM30) Seminaris (30 estudiants per grup) | 512 | Spanish | second semester | afternoon |
| (SEM30) Seminaris (30 estudiants per grup) | 513 | Spanish | second semester | afternoon |
| (SEM30) Seminaris (30 estudiants per grup) | 701 | Catalan | first semester | morning-mixed |
| (SEM30) Seminaris (30 estudiants per grup) | 702 | Catalan | first semester | morning-mixed |
| (TE) Theory | 1 | Catalan | second semester | morning-mixed |
| (TE) Theory | 2 | Catalan | second semester | morning-mixed |
| (TE) Theory | 51 | Spanish | second semester | afternoon |
| (TE) Theory | 70 | Catalan | first semester | morning-mixed |