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Syllabus 2022-23 - 11213006 - Tort Law (Derecho de daños)

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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 Derecho
FACULTY: FACULTY OF LAW AND SOCIAL SCIENCES
ACADEMIC YEAR: 2022-23
COURSE: Tort Law
SYLLABUS
1. COURSE BASIC INFORMATION
NAME: Tort Law
CODE: 11213006 ACADEMIC YEAR: 2022-23
LANGUAGE: English LEVEL: 2
ECTS CREDITS: 6.0 YEAR: - 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: 2
3. CONTENT DESCRIPTION

INTRODUCTION

LESSON 1. NON-CONTRACTUAL CIVIL LIABILITY

  1. Concept and elements of liability: artículo 1902 Civil Code.
  2. Functions of tort liability.
  3. Contractual liability and non-contractual liability.

ELEMENTS OF CIVIL LIABILITY.

SUBJECT 2. UNLAWFUL ACTION AND OMISSION. THE DAMAGE AS AN ESSENTIAL PRESUPPOSITIONTHE DAMAGE

 1.Action/ omission. Antijuridicality.

  1. Damage: concept and characteristics of damage.

3.Important distinction between injury or damage and compensable damage. Types: pecuniary damage and non-pecuniary damage.  Personal injury is not a tertium genus.

  1. Compensation for the damage. Special reference to the schedule for the valuation of personal injury.

LESSON 3. SUBJECTIVE CRITERION OF IMPUTATION.

  1. The criterion of imputation: evolution of liability systems.
  2. General rule: subjective civil liability: fault as a criterion of imputation. Reference to the mechanisms of objectivisation of fault and their evolution.
  3. Exception: strict civil liability: criteria other than fault in Spanish law.

 

LESSON 4. THE CAUSAL NEXUS OR OBJECTIVE CRITERION OF IMPUTATION

  1. The causal relationship: the theory of adequate causation, and its exceptions.
  2. Elements of rupture of the causal nexus: the fortuitous event and force maJeure.
  3. The exclusive fault of the victim.
  4. Concurrence of fault.

LESSON 5. THE SUBJECTS OF CIVIL LIABILITY

  1. Persons legitimised to exercise the action.
  2. Persons obliged to compensate the damage. The liable party.
  3. Plurality of liable parties.
  4. Civil liability of legal persons.
  5. Liability for the actions of others.

 

LESSON 6. CIVIL LIABILITY IN CRIMINAL PROCEEDINGS: CIVIL LIABILITY EX DELICTO

  1. Regime of civil liability when the conduct to which the damage is attributed is criminally liable. 2.
  2. The exercise of the civil liability action in criminal proceedings.
  3. Prescription of the action.
  4. Civil liability in criminal offences committed by minors over fourteen years of age.

 

LESSON 7. THE STATUTE OF LIMITATIONS OF THE ACTION FOR CLAIMING DAMAGES.

  1. Scope of application of article 1968.2 of the Civil Code.
  2. Commencement of the computation of the period.

 LESSON 8. CIVIL LIABILITY INSURANCE.

  1. Legal sources.
  2. Compulsory and optional civil liability insurance. 3.
  3. Concept and legal nature of civil liability insurance. 4.
  4. Subjective elements: Insurer, insured party and third party.
  5. Objective elements: The risk in civil liability insurance. The claim in civil liability insurance.
  6. The insured party's declaration of liability.
  7. The direct action.

 

  1. The legal defence of the insured person.

 

LESSPM 9. CIVIL LIABILITY DERIVED FROM THE CIRCULATION OF MOTOR VEHICLES.

  1. Scope of application of the Law of Civil Liability and Circulation of Motor Vehicles.
  2. Regime of liability in the Law on Civil Liability and Circulation of Motor Vehicles: fact of the circulation and motor vehicle.
  3. The liable parties.
  4. The valuation system and compulsory motor vehicle insurance.

 

4. COURSE DESCRIPTION AND TEACHING METHODOLOGY

The methodology and activities of the subject are oriented to the achievement of the learning outcomes linked to the competences of the subject: R1, R3 and R7. The activities will be developed in lectures and practical classes. Through them, the student will:

-Acquire specialised knowledge of the legal institutions contained in the syllabus of the subject (R1 and R3).

Provide answers to specific cases in accordance with the instruments, principles and procedures that guarantee compensation for pecuniary and non-pecuniary damage caused to a natural or legal person (R7).

The course will comprise a theoretical and a practical part. The theoretical part will be approached following the syllabus of the subject according to the recommended basic bibliography.

The lectures are designed to provide students with the legal terminology and knowledge necessary for the understanding and mastery of the essential institutions of the subject. Students must have previously prepared the classes with the recommended basic bibliography.

The practical class involves the study of practical cases, ideally elaborated or taken from social practice, to which an attempt will be made to provide a solution in accordance with the legal system. For their correct resolution, students will have to handle both the case law, extracted from the main databases, and the recommended bibliography.

Likewise, through exposition and debate, students will learn to express themselves correctly in oral and written form and to reason the issues debated, developing their critical capacity.

On the other hand, the course materials will be made available to students through the virtual course which can be accessed through the virtual platform of the University of Jaén. Likewise, students will be able to contact the teaching staff and solve their doubts through the virtual platform or face-to-face tutoring in the corresponding offices.

 

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 purpose of the assessment system is to verify that students have acquired the learning outcomes foreseen in the subject. Academic performance will be assessed by continuous assessment throughout the four-month period and with a final test comprising a written theory exam and the resolution of a practical case.

In this assessment, students must demonstrate that they have:

- They have acquired a specialised knowledge of the legal institutions contained in the syllabus of the subject.

- They are able to provide satisfactory answers from a legal point of view to specific cases that are presented to them.

The evaluation system contemplates the following aspects: the concepts of the subject will be assessed in the final exam with a percentage of 70% for theory and 30% for practice.

In order to take into account the mark corresponding to the practical exam, a minimum mark in theory of 3.5 points out of 7 will be essential.

The same system and percentage will be maintained for the rest of the academic year.

6. BOOKLIST
MAIN BOOKLIST:
  • Tort law in Spain . Edition: -. Author: Nasarre Aznar, Sergio. Publisher: Kluwer Law International  (Library)
7. VIRTUAL / CLASSROOM TEACHING SCENARIO

I. TEACHING METHODOLOGY AND TRAINING ACTIVITIES

Groups with more than the limited number of students in the classroom.

Training activities: Theory sessions on the contents of the programme.

Format: 25%-50% face-to-face.

Description: Participative master classes (groups reduced to 25%-50%), each lasting one hour, held in the classroom and broadcast by videoconference to the rest of the group. Periodic rotation of students.

 

Training activities: Case study resolution sessions.

Format: Face-to-face 25%-50%.

Description: Face-to-face sessions (groups reduced to 25%-50%) with retransmission and rotation of students. Analysis of practical cases to which a solution must be found in accordance with the legal system, using case law, legislation and recommended bibliography.

Tutorials: Face-to-face and online.

 

Groups with a limited number of students in the classroom.

Training activities: Theory sessions on the contents of the programme.

Format: 100% face-to-face.

Description: Participative lectures, each lasting one hour, held in the classroom.

 

Training activities: Sessions to solve practical cases.

Format: 100% face-to-face.

Description: Classroom sessions, each lasting one hour. Analysis of practical cases to which a solution must be found in accordance with the legal system, using case law, legislation and recommended bibliography.

Tutorials: Face-to-face and online.

 

II. ASSESSMENT SYSTEM

Ordinary call

Continuous assessment: Submission of 5 practical cases over the four-month period. The deadline will be indicated on the virtual teaching platform. Each case will be worth 1 point.

Percentage: 50% of the final grade.

Final exam: Face-to-face preferably; online if health circumstances make it advisable. Theoretical-practical test in which students must demonstrate that they have acquired knowledge of the institutions contained in the course syllabus.

Percentage: 50% of the final grade.

Note: It is necessary to obtain a minimum score of 2.5 out of 5 in the final exam in order to add up the continuous assessment mark.

 

Extraordinary call

Final exam: Preferably face-to-face; online if health circumstances make it advisable. Theoretical-practical test in which students must demonstrate that they have acquired knowledge of the institutions contained in the course syllabus.

Percentage: 100% of the grade: 70% theoretical exam and 30% practical exam. A minimum grade of 3.5 out of 7 in the theory exam will be required in order to obtain the grade for the practical exam.

 

III. RESOURCES

Multimodal or mixed teaching will be given in the classroom with the capacity limited to 25%-50%. The groups will rotate weekly and those who are not in the classroom will be able to watch the class through the cameras installed in the classrooms.

The platform will be used to:

Upload support material.
Handing in exercises to carry out the continuous assessment (and the final exam if it cannot be carried out in person).
A forum will be created to deal with students' doubts and queries.
Students will receive e-mails with all the information they need to know.
Students will be able to use the on-site or virtual library of the University to use the bibliography recommended in the teaching guide.

 

 

8. VIRTUAL TEACHING SCENARIO

I. TEACHING METHODOLOGY AND TRAINING ACTIVITIES

Training activities: Theory sessions on the contents of the programme.

Format: Non-attendance.

Description: One-hour participative lectures via videoconference and autonomous work by students using the material provided by the lecturers.

 

Training activities: Sessions to solve practical cases.

Format: Non-attendance.

Description: Online sessions and autonomous work by students to analyse practical cases, which must be solved in accordance with the legal system, using case law, legislation and recommended bibliography.

Tutorials: Online.

 

II. ASSESSMENT SYSTEM

Ordinary call

Continuous assessment: Submission of 5 practical cases throughout the four-month period. The deadline will be indicated on the virtual teaching platform. Each case will be worth 1 point.

Percentage: 50% of the final grade.

Final exam: This will take place online through a "Delivery of exercises" in virtual teaching. Theoretical-practical test in which students must demonstrate that they have acquired knowledge of the institutions contained in the course syllabus.

Percentage: 50% of the final grade.

Note: It is necessary to have a minimum grade of 2.5 out of 5 points in the final exam to add the continuous assessment mark.

 

Extraordinary call

Final exam: This will take place online by means of a series of exercises in virtual teaching. Theoretical-practical test in which students must demonstrate that they have acquired knowledge of the institutions contained in the course syllabus.

Percentage: 100% of the grade.

 

III. RESOURCES

Online teaching will be carried out via videoconference. The platform will be used to:

Upload support material.
Submission of exercises for the continuous assessment (and the exam).
A forum will be created to deal with students' doubts and queries.
Mails to participants with all the information they need to know.
Students will be able to use the University's virtual library to use the bibliography recommended 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