Universidad de Jaén

INTRODUCTION TO THE LEGAL SYSTEM

LESSON 1. LAW AND SOCIETY

1. Law: concept, characters and their classes: private and public law. Common and foral law.
2. The sources of law: its hierarchical system. The sources of Community law. A reference to the collective agreement as a source of labour law.
3. The resolution of conflicts of interest: judicial resolution of conflicts, and alternative dispute-resolutions mechanisms: mediation and arbitration.

INTRODUCTION TO THE PERSON’S LAW

LESSON 2.  NATURAL AND LEGAL PERSON

1. The person: introduction and classes.
2. Capacity of the natural person: personality and legal capacity. The representation. The circumstances that modify the legal capacity.
3. Legal person: concept, classes and legal status. Special reference to capitalist societies.
4. The individual and social entrepreneur: the capacity for the exercise of the company. Exercise of commercial activity by married person.

INTRODUCTION TO THE PATRIMONIAL CIVIL LAW

LESSON 3. THE SUBJECTIVE RIGHT. DIFFERENCE BETWEEN CREDITOR RIGHTS AND REAL RIGHTS.

1. The subjective right and its duty: the limits and their extinction: renounce of the right, and the prescription of the right.
2. The patrimonial relationship: structure and content: difference between the creditor and real rights.
3. Notion of the complete real rights and the limited real rights. A reference to the Property Registry.

LESSON 4. OBLIGATION (I)

1. The obligation: its sources and classes.
2. The pecuniary obligation: the stabilization clauses. The obligation of interest payment. The anatocism.
3. The payment of the obligation: subjective and objective requirements. Ways of extinguishing obligations other than payment. The proof of payment.

LESSON 5. OBLIGATION (II): NON- PERFORMANCE OF OBLIGATION

1.Total breach. Partial breach: defective performance and debtor’s delinquency: delay of the debtor. Attributable and non-attributable breach: act of God and force majeur.

2 Effects: Defensive actions of the creditor: actions of compliance, and the action of contractual liability.

3 Reference to the non-contractual or civil liability: in particular that of the entrepreneur, and the liability for the employees.

LESSON 6. OBLIGATION (III): EXTINCTION OF OBLIGATION AND THE CREDIT PROTECTION

1. Extinction of the obligation: its causes
2. Protection of the credit of the unlimited personal liability principle. Specific guarantees: personal and real guarantees.

INTRODUCTION TO THE CONTRACT

LESSON 7. THE CONTRACT. CONTRACTS IN PARTICULAR

1. The contract and the principle of party autonomy: essential elements and causes of invalidity. The form of the contract. The perfection of the contract.
2. The consumer protection in the contract with general conditions.

3 Contract of sale. Differences with the commercial sale. Reference to the donation.

LESSON 8: CONTRACTS IN PARTICULAR II

1 Lease contract. A reference to the lease of a company and a lease contract for business premises. The loan agreement.

2.Provision of services. Construction contracts. Mandate and Commission. Mediation, and agency contract. Reference to atypical contracts of franchising and factoring.

3.Insurance contract.

4 Reference to employment contracts.

The course will comprise a theoretical part and a practical one. The theoretical part will be addressed following the program of the course and according to the recommended basic literature.

Methodology and activities of the course are oriented to the achievement of the learning outcomes associated with the competences required for the course: R1, R3 and R7. The activities will be divided into theoretical classes (three hours per week) and practical classes (1 hour weekly). Through them:

a)The student will search for and identify information, documentation and legal sources related to the Administration and management of companies (R24).

b) The student will acquire a basic knowledge of the main legal institutions related to the Administration and management of companies (R25).

c)The student will analyze legal and business problems, and make proposals of resolutions (R26).

d)The student will analyze and distinguish the different forms of enterprise and cases of contracts related to the business world (R27).

e)The student will apply the knowledge acquired through the solution of a real- case studies(R28).

f)The student will acquire and assess the ethical and social commitment in the fulfillment of legal obligations (R29)

g)The student will analyse and solve problems proposed and not resolved in the classroom(R2)

h)The student will develop the ability to search, storage and process information for decision making and autonomous learning (R9)

i)The student will know how to present, both orally and written, solutions to problems, either individual or team formats (R12).

The theoretical class sessions are intended for students to acquire the legal terminology and the knowledge necessary for understanding and mastering of the principal institutions of the course. Students must come prepared to the class having read the recommended literature. 

The practical class session involves the study of case studies resulting from practical experience in order to provide a solution according with the legal system.

 Similarly, through the exhibition and discussion of works (team works), students will learn to express themselves correctly, in oral and written form and to reason the topics discussed, developping their critical capacity.

On the other hand, the training course materials will be available to students through the on-line training platforms of the University of Jaén. Students may also contact the teacher and resolve their doubts through virtual platform and face-to-face tutoring in the office. 

Students with special educational needs should contact the Student Attention Service (Servicio de Atención y Ayudas al Estudiante) in order to receive the appropriate academic support

Students with special educational needs should contact the Student Attention Service (Servicio de Atención y Ayudas al Estudiante) in order to receive the appropriate academic support

The assessment system aims to verify that students have acquired learning outcomes envisaged in the subject. Academic performance will be evaluated through a final test comprising: a written theoretical examination with a series of brief development or multiple choice questions (R25), and on the other hand the resolution of one or more case studies (R28). Also along the course, it will be assessed complementary items that serve as base and support of the above (R2, R9, R12, R24, R26, R27)

In this assessment, students must demonstrate that:

(a) They Know how to find and identify information, documentation and legal sources  related to the Administration and management of companies (R24).

(b) They have acquired a basic knowledge of the legal institutions contained in the syllabus (R25).

(c) They analyze juridical and business problems related to the institutions of the syllabus, formulating proposals for resolution (R26).

(d) They have learned to analyze and distinguish the different forms of an enterprise and the contracts cases applicable to the business world (R27).

(e) They apply the knowledge acquired through the resolution of practical cases (R28).

(f) They have acquired and assessed the ethical and social commitment in the fulfillment of legal obligations (R29).

g) They analyse and solve problems proposed and not resolved in the classroom (R2)

(h) They have a basic level to search, storage and processing of information (R9)

(i) They have a basic level of skill in the presentation, both oral and written of the problems, either in group or individually (R12)

The evaluation system includes the following aspects: the concepts of the subject will be evaluated in the final examination where the theory will comprise the 70% and the practice the 30% of the total grade. To take into account the note corresponding to the practical examination is essential a minimum score of 3.5 points out of 7 on the theory part. The same system will be maintained in all the examination sessions during the academic year.