INTRODUCTION TO CIVIL PATRIMONIAL LAW
TABLE OF CONTENTS
I. Introduction
Lesson 1. Introduction. Patrimonial Law as a part of Civil Law. Economic public order.
Lesson 2. Person’s Law. Natural Persons and personality. Civil and Legal capacity. Minority of age, emancipation and incapacitation. Artificial Persons: Foundations and Associations. Representation: power of attorney.
Practice Session 1. a) Minority of age/emancipation. b) Artificial persons.
Practice Session 2. a) Power of attorney. b) Apparent representative.
II. Contract Law.
Lesson 3. The contract: concept and types of contracts. The autonomy of will. Elements of contracts. Formation of contracts. Contracts with general conditions of sale.
Practice Session 3. Contract writing workshop.
Lesson 4. Interpretation and integration of contracts. Effectiveness of contracts. Lack of effectiveness: nullity, voidability and rescission.
Practice Session 4. a) interpretation of contracts. b) contract ineffectiveness: essential requirements/vices of consent
Lesson 5. Effects of contracts: the obligation. Concept and elements. Types of obligations: special reference to obligations with several persons involved. Bilateral obligations.
Practice Session 5. Joint and joint and several obligations.
Lesson 6.Performance of obligations. Payment: subjects, requirements, moment and place of payment. Special ways of performance: imputation of payments, accord and satisfaction and payment by assignment of property. Creditor’s delinquency: will to pay and consignment.
Practice Session 6. a) Payment by a third person. b) Delinquency.
Lesson 7.Ways of extinguishing obligations different than payment: Remission. Confusion. Compensation. Novation. Modification of obligations: assignment of credits and subrogation in the credit.
Practice Session 7. a) Remission of debt. b) Compensation. c) Assignment of credits.
Lesson 8. Non-performance or breach of obligations. Types of non-performance: A) Total breach. B) Defective performance. C) Debtor’s delinquency. Liability for non-performance or attribution of non-performance: fault and deceit. Cases of non-performance without liability: Act of God and force majeure. Action for performance. Liability of the debtor. Termination of bilateral obligations.
Practice Session 8. Questionnaire.
Lesson 9. Contracts in particular I: Contract of sale and barter. Donation. Lease of things. Loan agreements.
Practice Session 9. Breach of a contract of sale.
Lesson 10. Contracts in particular II: Provision of services. Construction contracts. Mandate. Partnership. Suretyship.
Practice Session 10.1.Contract writing workshop: a) Lease for a dwelling. b) Donation of movable property.
Practice Session 10.2. a) Construction contracts. b) Mandate. c) Suretyship.
III. Non-contractual liability.
Lesson 11.Non-contractual liability. Requirements of non-contractual liability: A) Unlawful act or omission. B) Fault or negligence. C) Damage. D) Link between the conduct and the damage. Strict liability. Liability for others: special reference to the liability of the entrepreneur for actions of his employees.
Practice Session 11. Non-contractual liability.
IV. Law of things.
Lesson 12. The things and the goods. Real rights or rights in rem: concept and characteristics. Types of real rights. Acquisition of real rights. Property Registry.
Lesson 13. Private Property. Real rights of guarantee: special reference to the mortgage.
Practice Sessions 12 and 13. a) Real rights. b) Mortgage.
V. Family and Succession Law.
Lesson 14. Economical system of marriage. Marital or pre-nuptial agreements. Types of economical matrimonial systems: special reference to the community property system or community of gains and to the separate property system.
Lesson 15. Succession Law. Testamentary or voluntary succession: the will. Legitime. Legal succession or succession ab intestato.
Practice Session 14. Practice Session sum up exam.