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Syllabus 2020-21 - 11111008 - Introduction to Law (Introducción al derecho)

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  • Level 1: Tutorial support sessions, materials and exams in this language
  • Level 2: Tutorial support sessions, materials, exams and seminars in this language
  • Level 3: Tutorial support sessions, materials, exams, seminars and regular lectures in this language
DEGREE: Grado en Administración y dirección de empresas (11111008)
FACULTY: FACULTY OF LAW AND SOCIAL SCIENCES
DEGREE: Grado en Administración y dirección de empresas (11121008)
FACULTY: FACULTY OF LAW AND SOCIAL SCIENCES
DEGREE: Doble Grado en Administración y dirección de empresas y Finanzas y contabil (11911008)
FACULTY: FACULTY OF LAW AND SOCIAL SCIENCES
ACADEMIC YEAR: 2020-21
COURSE: Introduction to Law
SYLLABUS
1. COURSE BASIC INFORMATION
NAME: Introduction to Law
CODE: 11111008 (*) ACADEMIC YEAR: 2020-21
LANGUAGE: English LEVEL: 3
ECTS CREDITS: 6.0 YEAR: 1 SEMESTER: SC
2. LECTURER BASIC INFORMATION
NAME: CASAS PLANES, MARÍA DOLORES
DEPARTMENT: U105 - DERECHO CIVIL, DCHO. FINAN. Y TRIBUTARIO
FIELD OF STUDY: 130 - DERECHO CIVIL
OFFICE NO.: D3 - 050 E-MAIL: mdcasas@ujaen.es P: 953212097
WEBSITE: http://www10.ujaen.es/conocenos/departamentos/derciv
ORCID: https://orcid.org/0000-0002-7736-1811
LANGUAGE: - LEVEL: 3
3. CONTENT DESCRIPTION

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.

4. COURSE DESCRIPTION AND TEACHING METHODOLOGY

 

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

5. ASSESSMENT METHODOLOGY

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.

6. BOOKLIST
MAIN BOOKLIST:
  • Spanish Civil Code 2016 . Edition: -. Author: -. Publisher: Madrid : Ministerio de Justicia, Secretaría General Técnica, 2016  (Library)
  • Handbook on Spanish civil patrimonial law. Edition: 3ª edición. Author: Yolanda Bergel Sainz de Baranda. Publisher: Tecnos.
    • Notes: También existe versión electrónica del libro en biblioteca digital de la Universidad de Jaén
     (Library)
ADDITIONAL BOOKLIST:
  • Introducción bilingüe al derecho español para estudiantes Erasmus [recurso electrónico] = Bilingual introduction to spanish law for Erasmus students dirección y coordinación: López Sako, M. J. ; revisión inglés (órden alfabético) : Alameda Hernández, A., Álvarez de Morales Mercado, C., López Sako, N. I. ; revisión inglés jurídico: McQue, Bridgit ; autores (órden alfabético): Bobo Ruiz, J... [et . Edition: 1ª ed. Author: López Sako, M. J., dir. Publisher: Tirant lo Blanch  (Library)
  • introductory course on spanish law and economics [Recurso electrónico] (coordinador) Pablo de Diego Ángeles ; (autores) Manuel Díaz Martínez...[et al.]. Edition: -. Author: -. Publisher: Tirant lo Blanch  (Library)
7. VIRTUAL / CLASSROOM TEACHING SCENARIO

  1. teaching methodology and training activities

  Blending learning scenario

( Groups with a number of students above the limited classroom capacity).

Training

activities

Format

(face-to-face/online)*

Teaching methodology. Description

Theory sessions on the contents of the teaching guide

Face-to-face between

25%-50%

Participatory master class sessions, of one hour duration each, held in the classroom and transmitted by videoconference to the rest of the group. Periodic rotation of students.

 

Case Study Resolution Sessions

 

 

Face-to-facebetween

25%-50%

 

Sessions of one hour each in student rotation for the analysis of practical cases that need to be solved according to the legal system, handling legislation and jurisprudence. The resolution of problems and exercises favours the capacity of analysis and synthesis through the resolution of small group projects. Retransmission by videoconference to the rest of the group.

 

Tutorials

Face to face+ Online

Face-to-face + Online Tutorials

Some tutorial sessions will be conducted face-to-face and others online.

 

  Blended learning scenario

(Groups with a number of students below the limited classroom capacity).

 

Training

activities

Format

(face-to-face/online)*

Teaching methodology. Description

Theory sessions on the contents of the teaching guide

face-to-face 100%

Sessions of participatory master classes, one hour long each, held in the classroom.

Case study resolution sessions

face-to-face 100%

Sessions of one hour each for the analysis of practical cases to which a solution must be given in accordance with the legal system, handling legislation and jurisprudence. The resolution of problems and exercises favours the capacity of analysis and synthesis through the resolution of small group projects

Tutorials

Face-to-face+ Online

The tutorials will be carried out both in person and online.

 

2- EVALUATION SYSTEM

Evaluation in a blending learning scenario

Ordinary call

Evaluation test

Format (face-to-face/online synchronous or asynchronous

Description

Percentage

 

Continuous evaluation

Delivery of theoretical-practical assumptions that put in relation different topics of the program; delivery of group works   with an ethical-legal-social approach; simulation of debates; and oral defense of works on part of the syllabus.

The delivery time will be indicated through the virtual learning platform.

 

40%

Final exam

Theoretical-practical exam in which it must be demonstrated that the knowledge of the institutions contained in the course programme has been acquired. It will be essential to obtain a 2.5 to be able to add up the mark of the continuous evaluation.

The aim of this activity is to check whether the student has acquired mastery of the theoretical knowledge of the subject

60%

Extraordinary call

Evaluation test.

Format (face-to-face/online )

Description

Pertentage

Final exam

Preferential attendance. (Online if advised by health circumstances)

Theoretical-practical test in which it must be demonstrated that the knowledge of the institutions contained in the course programme has been acquired

100% of the qualification

3.- RESOURCES

In the case of multimodal teaching, it will be given in the classroom with the capacity limited to 50% according to the Center's indications. The groups will rotate weekly and those who are not in the classroom will be able to see the class through the cameras that will be installed in the classrooms, as indicated by the Rectorate.

If the teaching is online, it will be carried out through videoconference.

In both cases, the virtual platform will be used for:

- Hang support material.

-Delivering exercises to carry out continuous assessment (and the final exam if it cannot be carried out in person).

- A forum will be created to attend the doubts and queries of the students.

- Resolution of brief questions through google forms.

- Mailing to participants with all the information they need to know.

The students will be able to use the University of Jaén's library to use the recommended bibliography in the teaching guide.

8. VIRTUAL TEACHING SCENARIO

  1. teaching methodology and training activities

  Distance learning scenario

 

Training

activities

 

Format

(face-to face/online)

Teaching methodology. Description

Theory sessions on the contents of the program.

On line

Participatory master class sessions conducted by videoconference and autonomous student work using the material provided by the teacher.

Case study resolution sessions.

On line

Analysis of practical cases provided by the professor in Virtual Teaching to which a solution must be given in accordance with the legal system, handling legislation and jurisprudence.

Tutorials

On line

All tutoring sessions will be conducted online.

 

2- EVALUATION SYSTEM

Ordinary call

 

Evaluation test

Format (face-to-face/online synchronous or asynchronous

Description

Pertentege

Continuous evaluation

Delivery of theoretical-practical assumptions that put in relation different topics of the program; delivery of group works   with an ethical-legal-social approach; simulation of debates; and oral defense of works on part of the syllabus.

The delivery time will be indicated through the virtual teaching platform.

40%

Final exam

It will be done online through google forms and/or delivery of exercises in Virtual Learning

Theoretical-practical test in which it must be demonstrated that the knowledge of the institutions contained in the course programme has been acquired. It will be essential to obtain a 2.5 to be able to add up the mark of the continuous evaluation

60%

Extraordinary call

Evaluation test

Format (face-to-face/online )

Description

Porcentage

Final exam

It will be done online through google forms and/or delivery of exercises in Virtual Learning

 

 

Theoretical-practical test in which it must be demonstrated that the knowledge of the institutions contained in the subject's program has been acquired.

100% of the qualification.

 

3.- RESOURCES

In the case of multimodal teaching, it will be given in the classroom with the capacity limited to 50% according to the Center's indications. The groups will rotate weekly and those who are not in the classroom will be able to see the class through the cameras that will be installed in the classrooms, as indicated by the Rectorate.

If the teaching is online, it will be carried out through videoconference.

In both cases, the virtual platform will be used for:

- Hang support material.

-Delivering exercises to carry out continuous assessment (and the final exam if it cannot be carried out in person).

- A forum will be created to attend the doubts and queries of the students.

- Resolution of brief questions through google forms.

- Mailing to participants with all the information they need to know.

 

The students will be able to use the University of Jaén's library to use the recommended bibliography in the teaching guide.

 

 

DATA PROTECTION CLAUSE (on line exams)

Institution in charge of data processing: Universidad de Jaén, Campus Las Lagunillas, s/n, 23071 Jaén

Data Protection Delegate: dpo@ujaen.es

Purpose: In accordance with the Universities Law and other national and regional regulations in force, carrying out exams and assessment tests corresponding to the courses students are registered in. In order to avoid frauds while sitting the exam, the exam will be answered using a videoconference system, being able the academic staff of the University of Jaén to compare and contrast the image of the person who is answering the exam with the student's photographic files. Likewise, in order to provide the exam with evidential content for revisions or claims, in accordance with current regulation frameworks, the exam will be recorded and stored.

Legitimacy: compliance with legal obligations (Universities Law) and other national and regional regulations currently in force.

Addressees: service providers who are the owners of the platforms where the exams are carried out and with whom the University of Jaén has signed the corresponding data access contracts.

Storage periods: those established in current in force regulations. In the specific case of exam videoconference recordings, not before the examination records and transcripts are closed or the exam can still be reviewed or challenged.

Rights: you can exercise your right of access, amendment, cancellation, opposition, suppression, limitation and portability by sending a letter to the postal or electronic address indicated above. In the event that you consider that your rights have been violated, you may submit a complaint to the Andalusian Council for Transparency and Data Protection www.ctpdandalucia.es

CLASS RECORDING CLAUSE PERSONAL DATA PROTECTION

Person in charge: Universidad de Jaén, Paraje Las Lagunillas, s/n; Tel.953 212121; www.ujaen.es

Data protection delegate (DPO): TELEFÓNICA, S.A.U. ; Email: dpo@ujaen.es

Procedure aim: To manage proper recordings of teaching sessions with the aim of facilitating learning process under a multimodal and/or online teaching

Period for record storage: Images will be kept during legal term according to regulations in force

Legitimacy: Data will be managed according to legal regulations (Organic Law 6/2001, December 21, on Universities) and given consent provided by selecting corresponding box in legal admission documents

Data recipients (transfers or assignments): Any person allowed to get access to every teaching modality

Rights: You may exercise your rights of access, rectification, cancellation, portability, limitation of processing, deletion or, where appropriate, opposition. To exercise these rights, you must submit a written request to the Information, Registration and Electronic Administration Service of the University of Jaen at the address above, or by e-mail to the address above. You must specify which of these rights you are requesting to be satisfied and, at the same time, you must attach a photocopy of your ID card or equivalent identification document. In case you act through a representative, legal or voluntary, you must also provide a document that proves this representation and identification. Likewise, if you consider that your right to personal data protection has been violated, you may file a complaint with the Andalusian Data Protection and Transparency Council www.ctpdandalucia.es