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The course on 'Contracts' aims to provide students with a comprehensive understanding of private law through a comparative approach, using the Draft Common Frame of Reference (DCFR) and various European jurisdictions, particularly focusing on Spanish law. It emphasizes the importance of direct engagement with legal materials in their original languages to cultivate a solid grasp of legal terminology and concepts.
Course Aims and Objectives To provide a foundation in understanding law, legal concepts and principles, legal methods and processes; To assist the students in acquiring familiarity with reading, comprehension of and writing in legal language; To develop skills of reading and analyzing Bills, statutes, legal provisions, judgments and other basic legal documents; To hone the capacities of students in undertaking legal research and writing; and To improve the students' level of confidence and interest in engaging with basic aspects of law. A brief description of the Course: The 'Introduction to Law & Legal Methods' course proposes to provide an impetus for a fascinating journey into the world of the dynamics of law, legal principles and concepts, legal institutions and processes, law research and writing. A study of the course will most certainly pave the way for constant brainstorming, debate, discussion, deliberations and arguments, not only on the contents of judgments, statutes and other tools of law, but also on processes that shape and influence law, and the functioning of legal systems and institutions. The course is divided into five modules. The first module focusses on encountering the law, and introduces the students to issues such as the role and functions of law, legal systems in the world, forms of law, the social context in which law operates as well as general principles of law. The second module aims at familiarizing students with the language of the law, and with legal writing. The third module focusses on legislative processes, including skill-building on finding, reading, understanding and analyzing statutory law. The fourth module focusses on judicial processes aimed at strengthening the capacity of students to read and analyze judgments. The fifth and last module introduces students to law research and writing. This is substantially a skill-based course, which will use clinical methods in the class room for hands-on experience and practice. Students will be required to participate in oral and written activities, and will be continuously evaluated with individualized feedback from the concerned faculty.
"Contracts" is a course designed to provide a strong conceptual framework in this essential area of the law. This course will approach private law from a decidedly comparative perspective. The Draft Common Frame of Reference (DCFR) -nothing less than the draft of the central components of a European Civil Code -will be taken as a central point of reference. Spanish law will naturally constitute another important source of legal materials for the course. Reference to the relevant statute and case law of the most influential European jurisdictions will complete the overview of European private law.
It is one of the goals of the course to promote the students' direct access to the different legal materials. A physical familiarity with the DCFR, the Spanish Civil Code, the main codes of Europe, and the relevant case law, is considered almost as important as actual knowledge of a particular legal aspect. Whenever feasible, said direct access to the sources will be in their original language. Sound knowledge of the law comes together with a sufficient acquaintance with original legal terminology.
As a result of the above, teaching will be divided into three main parts:
1. Lectures.-There will be 21 lectures, which will include reference to the relevant legal texts
and practical examples. The students will have to prepare each session with assigned readings, which will be defined in due time.
Assignments.-The lecturer may put forward assignments in class, which will be carried out by students and presented in subsequent sessions.
3. Seminars / case studies.-There will be 7 seminars, in which a case or a legal text or problem will be presented, discussed, and resolved. For this purpose, it will be compulsory to read the main references as suggested during the previous classes.
Those students most interested in a particular aspect of the course will be given the opportunity to carry on their research with the help of the teacher. Students may want to write further essays about those aspects in which they are most interested.
Class attendance is compulsory. Absence from more than 30% of the classes will result in a mark of 0.0 for the subject.
Students must do the readings and the assigned tasks for each class. Class participation is essential in order to pass the course.
This subject does not require the use of a laptop in class; nevertheless, if you want to bring your laptop, please contact your professor.
The grade will be adjusted based on the following criteria:
1. Attendance, attitude, and class participation: 10%. 2. Participation in seminars / case studies: 30%. 3. Exam: 60%.
1. Class participation includes the comments, discussions, and questions and answers exchanged during the lectures and case studies. Effective comprehension of the assigned readings is an essential factor for the evaluation of class participation. Readings may be tested.
2. Participation in the seminars and case studies includes, as instructed by the professor, the preparation and handing in of summaries, papers, or essays, as well as the oral presentation and discussion of case materials, either individually or in group. Evaluation will depend on the depth, quality, clarity, and frequency of the contributions.
3. The final exam will consist mainly on a written explanation or consideration of a particular aspect of European law of obligations. This written part of the exam may be supplemented by a case study in the form chosen by the instructor. Additionally, partial control tests may be performed at any time of the course, as considered appropriate by the professor.
in: William M. Johnston (ed.), Encyclopedia of Monasticism, t. 1, Chicago: Fitzroy Dearborn Publishers, 2000, pp. 136-143
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