Civil Law 3 is a subject divided it two parts, Family Law and Successions Law, that can be deemed as an legal and economic unity: The family one. From this perspective inheritance could be considered as a patrimonial follow-up of the family. Therefore, not only from sociologic and factual perspectives, but also from the philosophic, social, anthropologic and cultural ones, both parts are closely connected. The student is required to be aware of this reality, and be able to analyze it from a distance. Moreover, an open mentality full of respect is necessary to understand all the different positions related with the family, iTS patrimonial sphere and the destiny of the family assets after death.
This subject is really interesting for the person that would like to develop his expertise legal activity in the brench of family and successions conflicts, specially in the case of attorneys, judges and notaries. Finally, the study of this subject requires a deep knowledge of Procedural Law and Tax Law.
This course in focused in giving the students the opportunity to develop two fundamental tools: Firstly, to achieve enough knowledge to focus real cases concerning Family and Successions Law. Therefore, it is necessary a deep knowledge of the basic institutions related to these matters in order to get this target. Secondly, to develop enough analysis abilities to know what legal approach is adequate to apply in every familiar or successional legal conflict. The latter means, to choose between different legal tools the one that may be better adapted to a specific case.
Blatantly obvious, the first task is a theoretical one; and the second one is a practical one, certainly connected to case law, however, both are necessary to deep in the knowledge and application of Family Law and Succession Law.
FIRST ORDINARY CALL : In the first call the students will be subjected to a continuous evaluation system. This system implies the possibility to choose between different evaluation tools with different weights in the final grades:
- activities and work performed during the teaching period (A). These tasks will be explained in the correspondent webpage of each different teaching group. These activities and work will have a weight of 40% in the final grades
- and a compulsory final exam (B). This final exam will have a weight of 60% in the final grades. This face to face final exam will have a theoretical part, which implies a weight of 40%, and a practical part, which implies a weight of 20%. If necessary, docent may require the student to clarify and explain his exam.
Students that do not pass the continuous evaluation system will be called to do the final exam on the scheduled time. In this case the 100% of the grades will be decided by this final exam, which will be divided in two different parts: A theorical one, with a weight in the final grades of 70%, and a practical one, with a weight in the final grades of 30%
In any case, it is a compulsory requirement at first, second and subsequent calls that the students achieve a grade of 4/10 in the theorical part of final exam. In case that a student obtain a lower grade, this will be his/her final grades of this subject.
2.- SECOND ORDINARY CALL: This second examination call is offered to the student as a second opportunity once he/she has not been able to pass the first call system. This call will consists on a face to face exam which has a weight of 100% in the final grades. Therefore, the previous tasks made by the students during the course will not be taken into consideration.
In these cases the exam will consist on two parties: A written theoretical examination and a practical case. The written theoretical examination will have a weight of 70% of final grades. While practical a weight 30 % of final grades.
In any case, it is a compulsory requirement to pass this second examination call, that the students achieve a grade of 4/10 in the theorical part of final exam. In case that a student obtain a lower grade, this will be his/her final grades of this subject.
3.- EXTRAORDINARY CALL This call will consists on a face to face exam which has a weight of 100% in the final grades. Therefore, the previous tasks made by the students during the course will not be taken into consideration.
In these cases the exam will consist on two parties: A written theoretical examination and a practical case. The written theoretical examination will have a weight of 70% of final grades. While practical a weight 30 % of final grades.
In any case, it is a compulsory requirement to pass this second examination call, that the students achieve a grade of 4/10 in the theorical part of final exam. In case that a student obtain a lower grade, this will be his/her final grades of this subject.
CORRECTION CRITERIA A knowledge of the theoretical content of the subject, the proper use of tools for the application of Law, reflection capacity, critical thinking, the ability to develop legal arguments and to discuss, as well as the master of written and oral expression will take into account in order to value the performance of the student.
In order to pass, it would be necessary to get a minimum grade of 4/10 in the theoretical part of the exam. If necessary, docent may require a student to clarify and explain his exam on a face to face or online connection.
In accordance with the Ethic Academic Protocol of the University of Malaga, that was adopted by the UMA Government Conseil on October 25th 2019, students will be only allowed to use legal texts in order to do the practical part of the exam. This rule is applied to all calls.
The fact of being in the classroom when the exam starts, or being connected online when the docent provide the exam, implies that the call is consumed. Grades will be published by UMA Alfil system
PART-TIME STUDENTS: Part-time officially recognized schedule students, can choose at first call between the continuous evaluation system or the final examination one.
- Profesor: Torres Perea José Manuel De