Fundamentals of Private and Company Law (20611)
- Year: 1st
- Term: 3rd
- Number of ECTS credits: 10
- Student hours: 225
Syllabus
The course "Fundamentals of Private and Company Law" aims to familiarise law students with the main tools for understanding the contents, function, structure and effects of the basic and functional rules of what is traditionally known as private law, which is to say, the part of the legal system which is chiefly concerned with economic and social relationships among individuals and between these and companies.
The course is divided into the following topic-based sections:
a) The first section deals with the characteristics and instruments of private law in the Spanish legal system as a whole, including constitutional and territorial issues.
b) The second section refers to the tools for understanding the implementation of the legal regulations of private law and the consequences for the subjective positions of individuals and companies.
c) The third section is concerned with the legal organisation of private activity in social and economic life, by means of the notion of private autonomy and its general regime, which includes the legal regime of the declaration of will, legal action in the name of others through the representative mechanism and the compulsory relationship as the most common effect of acts of private autonomy.
d) The fourth section presents the basic regime of business activity in the context of the social and economic system put in place in the Spanish Constitution and European Union treaties, as well as the fundamental parts of the legal status of the company.
e) Finally, the regime of organisations - legal persons - and their action in economic and social life is studied. The specific rules referring to particular types of legal persons recognised by Spanish law are not examined exhaustively but their basic characteristics regarding both internal organisation and external activity are advanced.
1. Private law in the legal system as a whole
2. Rule interpretation and implementation in private law
3. Legal positions and instruments of private law
4. The instruments of private law: an economic analysis
5. Private autonomy
6. Legal action: capacity and representation
7. The compulsory relationship and private autonomy: the basic regime of obligation in the Civil Code
8. The legal status of the employer
9. Competition law
10. The legal persons of private law