IDENTIFYING DATA 2023_24
Subject (*) LAW OF OBLIGATIONS AND CONTRACTS Code 15214106
Study programme
Bachelor's Degree in Law (2009)
 Cycle 1st
Descriptors Credits Type Year Period
6 Compulsory Second 1Q
Language
Català
Department Private, Procedural and Financial Law
Coordinator
BARRADA ORELLANA, MARÍA DE LOS REYES
 E-mail sergio.nasarre@urv.cat
reyes.barrada@urv.cat
Lecturers
NASARRE AZNAR, SERGIO
BARRADA ORELLANA, MARÍA DE LOS REYES
Web
General description and relevant information <p>The objective of the subject is the achievement of the basic knowledge of the general theory of obligations, foundation of legal relations between individuals, as well as the operation of certain contracts in particular, with reference to extracontractual liability.</p>

Competences
Type A Code Competences Specific
 CE2 Identification, interpretation and use of internal, European, international and comparative legal sources
 CE3 Legal advice, mediation, negotiation and dispute resolution
 CE4 Identification of legal issues from a complex set of non-legally structured facts
 CE6 Drafting of complex legal documents
 CE7 Awareness of the function of law as a system for regulating social and economic relations
 CE8 Awareness of the unitary nature of the legal code and the interdisciplinary of legal problems
 CE9 In-depth knowledge of the foremost public and private legal institutions, their origin and historical evolution
 CE10 Accurate use of applicable law and involvement in current problems
 CE11 Differentiation between legal reasoning and ethical, political, economic and social arguments
Type B Code Competences Transversal
Type C Code Competences Nuclear

Learning outcomes
Type A Code Learning outcomes
 CE2 General
 CE3 General
 CE4 General
 CE6 Understand the structure and the drafting rules of legal documents
 CE7 General
 CE8 General
 CE9 General
 CE10 Can identify the indissoluble relation between the regulations studied and the relevant social reality
 CE11 General
Type B Code Learning outcomes
Type C Code Learning outcomes

Contents
Topic Sub-topic
OBLIGATIONS AND CONTRACTS: INTRODUCTION
 LESSON 1. LAW OF OBLIGATIONS AND CONTRACTS
2.GENERAL THEORY OF OBLIGATION LESSON 2. THE OBLIGATION


LESSON 3. CLASSES OF OBLIGATIONS ACCORDING TO THE MATERIAL NATURE OF THE PERFORMANCE (PRESTATION)


LESSON 4. CLASSES OF OBLIGATIONS ACCORDING TO THE ATTRIBUTION OF THE LEGAL OBLIGATION


LESSON 5. CLASSES OF OBLIGATIONS ACCORDING TO THEIR LEVEL OF EFFECTIVENESS


LESSON 6. THE PLURALITY OF OBLIGATIONS DERIVING FROM THE SAME LEGAL RELATIONSHIP


LESSON 7. CO-OWNERSHIP IN CREDIT AND DEBT


LESSON 8. LEGAL PROTECTION OF CREDIT


LESSON 9. AMENDMENT OF THE OBLIGATION


LESSON 10. PAYMENT OR PERFORMANCE OF THE OBLIGATION


LESSON 11. OTHER CAUSES OF EXTINCTION OF THE OBLIGATION


LESSON 12. BREACH OF THE OBLIGATION


LESSON 13. REMEDIES FOR NON-COMPLIANCE
3. CONTRACTS IN PARTICULAR LESSON 14. CONTRACT OF SALE

LESSON 15. SWAP CONTRACT AND TRANSFER OF LAND IN EXCHANGE FOR FUTURE CONSTRUCTION

LESSON 16. SERVICE CONTRACTS

LESSON 17. MANDATE CONTRACT

LESSON 18. THE DEPOSIT

LESSON 19. LEASE CONTRACT

LESSON 20. URBAN LEASES

LESSON 21. ALEATORY CONTRACTS

LESSON 22. COMPANY CONTRACT

LESSON 23. LOAN CONTRACTS

LESSON 24. CONTRACT OF GUARANTEE

LESSON 25. DISPUTE RESOLUTION CONTRACTS
4.TORT LAW OR NON-CONTRACTUAL LIABILITY LESSON 26. TORT LAW OR NON-CONTRACTUAL LIABILITY
5. OTHER NON-CONTRACTUAL SOURCES OF OBLIGATIONS LESSON 27. OTHER NON-CONTRACTUAL SOURCES OF OBLIGATIONS

Planning
Methodologies  ::  Tests
  Competences (*) Class hours
 Hours outside the classroom
 (**) Total hours
Introductory activities
CE7
CE8
CE11
 2 0 2
Lecture
CE2
CE4
CE6
CE7
CE8
CE9
CE10
CE11
 36 60 96
Practical cases/ case studies
CE2
CE4
CE6
CE7
CE8
CE9
CE10
CE11
 18 25 43
Personal attention
CE6
CE10
 1 0 1
 
Multiple-choice objective tests
CE6
CE10
 1 2 3
Multiple-choice objective tests
CE6
CE10
 1 2 3
Practical tests
CE6
CE10
 1 1 2
 
(*) On e-learning, hours of virtual attendance of the teacher.
(**) The information in the planning table is for guidance only and does not take into account the heterogeneity of the students.

Methodologies
Methodologies
  Description
Introductory activities Activities aimed at making contact and collecting information from students and presentation of the subject.
Lecture Explanation of the contents of the subject.
Practical cases/ case studies Approach to a situation (real or simulated) in which the student must work to give a reasoned solution to the subject, solve a series of specific questions or make a global reflection.
Personal attention In-person mentoring, upon request by e-mail.

Personalized attention
Description

In-person mentoring, upon request by e-mail.

Assessment
Methodologies Competences Description Weight        
Practical tests
CE6
CE10
- Content: topics 1 to 27

- Resolution of one or more practical cases, to be structured by the student.

- Possibility to use the Spanish Civil Code and the Catalan Civil Code (and other legal documents that may be determined by the lecturers). Photocopies and printed legislation are NOT allowed.

- Date and classroom: set out in the Working Plan.

- Grade out of 10. Minimum grade to pass the course: 5.

- In order to pass the course a minimum of 4 is required in each of the tests. If a minimum of 4 is not reached in any test, the subject is not considered passed, even if the average of the 3 tests results in a value of 5 or higher.

- Value: 1/3, to be averaged with 1/3 of the multi-choice obligations test and 1/3 of the multi-choice contracts test
 1/3
Multiple-choice objective tests
CE6
CE10
-Content: Lessons 1 to 13

- Date and classroom: set out in the Working Plan.

- Type of exam: test

- Grade out of 10. Minimum grade to pass the course: 5.

- Unanswered questions are not deducted, and wrong questions deduct 0.25 of the value of the question.

- In order to pass the course a minimum of 4 is required in each of the tests. If a minimum of 4 is not reached in any test, the subject is not considered passed, even if the average of the 3 tests results in a value of 5 or higher.

- Value: 1/3, to be averaged with 1/3 of the multi-choice contract test and 1/3 of the practical test.

1/3
Multiple-choice objective tests
CE6
CE10
-Content: lessons 14 to 27

- Date and classroom: set out in the Working Plan.

- Type of exam: test

- Grade out of 10. Minimum grade to pass the course: 5.

- Unanswered questions are not deducted, and wrong questions deduct 0.25 of the value of the question.

- In order to pass the course a minimum of 4 is required in each of the tests. If a minimum of 4 is not reached in any test, the subject is not considered passed, even if the average of the 3 tests results in a value of 5 or higher.

- Value: 1/3, to be averaged with 1/3 of the multi-choice obligations test and 1/3 of the practical test. 		1/3
Others  
- IT IS ABSOLUTELY FORBIDDEN TO USE OR POSSESS COMMUNICATION DEVICES AND / OR TRANSMISSION OF DATA DURING THE EXAMS (art. 21 NAM Degree).

- In accordance with academic regulations, any type of fraud in the performance of any of the tests, especially plagiarism or the copy/paste method in online tests, will result in the failure of the entire course.











l
 
Other comments and second exam session

- For all tests: each student will take the test in the group, morning or afternoon, that corresponds to his/her registration (no changes are allowed).

Calculation of results: For averaging with other parts of the subject, each part requires a minimum of 4.

a) Students who have not taken all 3 tests: average in the percentages described above.

b) Students who have not taken one of the 3 tests: average between the results of the tests taken and a 0 corresponding to the test not taken,

c) Students who have not taken two or none of the three tests: not presented.

At the second exam session:

a) Theoretical part: multiple-choice tests on obligations and contracts.

b) Practical part: resolution of the cases presented.

. The marks will be out of 10

- To be averaged with other parts of the subject, the grade must be at least a 4.

. Each of the tests, as well as the subject, is passed with an average of 5 or more, according to the criterion of the minimum 4.

. The results of the parts passed in the 1st. exam session are kept.

Sources of information

Basic

RECOMMENDED BIBLIOGRAPHY: Pedro del Pozo and others: Derecho Civil de Cataluña. Derecho de Obligaciones y Contratos, Marcial Pons, Madrid 2018, ISBN 978-84-9123-580-4. Explanations will follow this manual.

Other bibliography:

- ALBALADEJO, Manuel: Derecho civil, t. 2, José Mª Bosch, editor (last edition)

- BADOSA COLL, Ferran: Dret d'obligacions, Barcanova, Publicacions Universitat de Barcelona

- DÍEZ-PICAZO, Luis - GULLÓN, Antonio: Sistema de Derecho Civil, v. e, Tecnos (last edition)

- LACRUZ BERDEJO, José Luis (and others): Elementos de derecho civil, t.e, Dykinson (last edition)

- LETE DEL RIO, José Mª: Derecho de obligaciones, Tecnos (last edition)

- PUIG FERRIOL, Lluís (and others): Manual de Derecho civil, v. 2, Marcial Pons (last edition)
Complementary

Recommendations


Subjects that it is recommended to have taken before
ROMAN LAW/15214002
GENERAL CIVIL LAW/15214007
(*)The teaching guide is the document in which the URV publishes the information about all its courses. It is a public document and cannot be modified. Only in exceptional cases can it be revised by the competent agent or duly revised so that it is in line with current legislation.