Property and Real Rights (23192)
2014-2015
- Year: 2nd
- Term: 2nd
- Number of ECTS credits: 5
- Student hours: 125
Syllabus
This course aims to study property and other real rights. The concept of a 'real right' is the result of a generalisation; with the passage of time and the development of production and economic techniques, different manifestations of the legal relationships between individuals and the goods that they use have arisen. So, the concepts of property, usufruct, mortgages etc. have gradually developed.
They all share the common aim of resolving conflicts of interests arising through questions of ownership, enjoyment of and use of economic goods. The category of 'real rights' to which this course is devoted came into being because there were certain elements which were common to these situations. The organisation of the teaching described here is an attempt to teach students about the development of 'real rights', the problems behind each one's appearance and the legal regime resulting from their implementation.
The work to be done by students is based on the topics outlined below. Much of the work is to be done alone and students are assessed on their knowledge. They are therefore advised to be especially diligent in carrying out the individual tasks recommended in this teaching plan and other tasks which may be suggested during lectures and practical sessions. In short, learning the subject matter which is proposed to complement the formal teaching sessions is essential.
Knowledge of the conceptual categories and institutions studied on previous civil law courses is presupposed, specifically Civil Law I, devoted to the general part, and Civil Law II, which looks at obligations and contracts, as the concept of real rights is frequently contrasted with protection and the regime for credit rights.
Topic 1. Real rights. Possession.
Topic 2. Acquisition, transfer and expiry of real rights.
Topic 3. Property.
Topic 4. Community situations.
Topic 5. Intellectual property.
Topic 6. Real rights of enjoyment and charges on property.
Topic 7. The right of first refusal
Topic 8. Real rights of guarantee (I)
Topic 9. Real rights of guarantee (II)
Topic 10. Making property rights public