Civil Law, Part 1

Major: Law
Code of subject: 6.081.00.O.026
Credits: 6.00
Department: Civil Law and Procedure
Lecturer: V. Chornopyska, M. Parasyuk
Semester: 4 семестр
Mode of study: денна
Learning outcomes: As a result of studying the discipline, the student must be able to demonstrate the following program learning outcomes (ПР): ПР2. Analyze social processes in the context of the analyzed problem and demonstrate their own vision of ways to solve it; ПР4. Formulate their own reasonable judgments based on the analysis of a known problem; ПР15. Demonstrate the necessary knowledge and understanding of the essence and content of basic legal institutions and norms of fundamental branches of law; ПР16. Explain the nature and content of basic legal phenomena and processes; ПР17. Apply the acquired knowledge in different legal situations, highlight legally significant facts, and form sound legal conclusions; ПР18. Prepare drafts of necessary acts of application of law in accordance with the legal conclusion made in different legal situations; ПР19. Provide advice on possible ways to protect the rights and interests of clients in various legal situations; ПР20. Know the categorical apparatus of legal science; ПР21. Know the mechanism of realization of human rights and freedoms; ПР23. Analyze and correctly apply the rules of substantive and procedural law; ПР29. Analyze situational plots and solve legal problems. Communication (КОМ) КOM4. Explain the nature of certain events and processes with an understanding of the professional and social context. Autonomy and responsibility (AiВ): AiВ1. Ability to adapt to new situations and make appropriate decisions; AiВ3. Ability to treat the work responsibly, to make decisions independently, to achieve the set goal in compliance with the requirements of professional ethics; AiВ4. Ability to demonstrate understanding of current legislation.
Required prior and related subjects: Related and subsequent disciplines Civil law, part 2 Civil proceedings Family law Land law
Summary of the subject: The content of the discipline is a general description of civil law as a branch of law, civil law, civil law, legal entities as subjects of civil law, objects of civil rights, transactions, the invalidity of transactions, representation, and power of attorney in civil law, implementation and protection of sub ' effective civil rights, civil liability, terms (terms) in civil law. statute of limitations, personal non-property rights of an individual. protection of personal non-property rights property right property rights as the main type of property rights, acquisition of property rights, termination of property rights, private property rights of individuals, private property rights of legal entities, state and communal property rights, joint property rights, protection of property rights, general provisions on intellectual property rights, copyright law and related rights, patent law, legal means of individualization of participants in the civil turnover of goods and services, other objects of intellectual property.
Assessment methods and criteria: Forms and means of control over the study of the discipline are: 1) elaboration of lecture material; 2) oral examination in practical classes; 2) implementation and protection of individual research tasks; 3) work in a group in practical classes; 4) exam. In the use of interactive technologies, classes are held inactive and creative forms. Problem-based and review lectures, "active" practical classes with elements of "business game", etc. Teaching methods are used to form skills: verbal/verbal (lecture, explanation, story, conversation); visual (observation, illustration, demonstration); practical (experiment, practice); explanatory-illustrative or information-receptive (involves the presentation of ready-made information by the teacher and its assimilation by students); reproductive, which is based on the performance of various tasks on the model; method of problem statement; partial search or heuristic; research. The advantages of productive methods are problem-solving, part-search and research methods, presentations, training, and business games, conversations and discussions, work at the Lviv Polytechnic University, "electronic lectures", seminars, distance consultations aimed at enhancing and stimulating educational and cognitive student activities. The main markers of the educational process in the discipline are the formation of competencies, development of competencies, testing and/or assessment of competencies, correction of basic competencies, combined, interactive, integrated classes (classes "discussion group", classes with some students), classes format "Press conferences", business games, forums, briefings, quests, etc. Control of student learning outcomes is a component of the educational process, which is carried out in order to establish the compliance of student learning outcomes with the requirements of educational programs. The main types of control of student learning outcomes are current and semester control. The final grade in the discipline for full-time students consists of an assessment of the current control of learning outcomes during the semester and an assessment of learning outcomes during the control event during the semester control in the form of an exam. During the control measures, a system of objective assessment of knowledge, skills, and abilities is used, in particular, with the use of innovative technical means, interactive platforms. In particular, students have the opportunity to solve test tasks in the network electronic educational and methodological complex via the Internet in the Virtual Learning Environment (VNS) of Lviv Polytechnic. Current control of knowledge is an organic part of the whole educational process and serves as a means of identifying the degree of perception (assimilation) of educational material in the discipline. Assessment of students' knowledge on the basis of current control data is carried out by monitoring the activity during the study of the program material of the discipline, including answers to practical classes, preparation of reports, reports and analytical materials, etc. Current control is carried out in order to determine the readiness of students for practical classes in the following forms: frontal standardized oral interview of students on the main issues of discourse; frontal inspection of individual tasks; calling individual students to independently solve practical problems or situations (incidents); blitz - a survey, which is either a continuous survey of all students present or a sample survey of those present. Independent and individual work of students involves a purposeful search for effective ways to study the discipline, a conscious attitude, and consistency in the work, the ability to use existing literature and regulations, to plan their own work. Student's independent work is work on a certain list of topics (tasks) set aside for independent study, provided with educational and methodical literature (NMC, textbooks) and recommendations, controlled in the form of test tasks, tests, reports, essays and more. The student's independent work is the main means of mastering the study material in the time free from compulsory education. The content of the student's independent work on a particular discipline is determined by the curriculum of the discipline, methodological materials, tasks and instructions of the teacher. The student's independent work on mastering the educational material in the discipline can be performed in the library of a higher education institution, computer classes, at home. Students are also recommended to study relevant scientific literature, periodicals, electronic resources for independent study. The main forms of independent and individual work in the discipline include: 1) elaboration of lecture material; 2) writing an abstract; 3) preparation for the exam. Elaboration of lecture material begins with a detailed analysis of lecture notes. At this stage it is necessary to understand the essence of each concept and position, to seek an understanding of the logical content of formulations. The main and additional literature is used. If necessary, consult a teacher. Writing an essay (under the guidance of a teacher) allows students to master the skills of selection and independent work with literary and other sources, as well as, based on the study, generalization, systematization and analysis of material, to draw appropriate conclusions. In addition, under the guidance of the teacher, consultations are held on the most complex issues of the curriculum, control of semester papers, and other types of tasks of independent student work. Final (semester) control includes test tasks of different levels of complexity, incidental tasks (tasks), theoretical issues (normative, problem, discussion); written and oral components. The form of semester control of the student's learning outcomes for the semester is the examination control, which is conducted in the form of an exam on the accumulative system in the time provided by the schedule of the educational process. The examination in the discipline is conducted by a lecturer with the possible participation of an assistant or other teacher who conducted practical classes in the discipline. During the semester control, before passing the exam in the discipline, the teacher conducts a consultation for students. Knowledge diagnostic methods, which determine the level of achievement of the planned cognitive results in the discipline, endowed with transparent evaluation criteria, provide objective current and examination control. Criteria for evaluating the learning outcomes of full-time students. The maximum score in points is 100 Current control (ПК): - oral examination - 35 points; - performance in practical classes (abstract) - 5 points; Total for PC - 40 points. Examination control: - written component - 50 points; - oral component - 10 points. Total for the discipline 100 points.
Recommended books: Basic: 1. Constitution of Ukraine of June 28, 1996 (as amended). Database "Legislation of Ukraine" / Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/254%D0%BA/96-%D0%B2%D1%80#Text (access date 22.08. 2021). 2. Civil Code of Ukraine. Database "Legislation of Ukraine" / Verkhovna Rada of Ukraine. URL: https://zakon.rada.gov.ua/laws/show/435-15#Text (access date: September 22, 2021). 3. Economic Code of Ukraine: Law of Ukraine of January 16, 2003, №436-IV // Bulletin of the Verkhovna Rada of Ukraine. 2003. -22 18-22. -Article 144. 4. Civil Code of Ukraine: a scientific and practical commentary. Volume 1: General provisions. Persons. Ed. prof. I.V. Spasy`bo-Fatyeyeva. Kharkiv: EKUS, 2020. 928 p. 5. Collection of resolutions of the Plenum of the Supreme Court of Ukraine on Civil Cases (1972-2017). Eds.: V.I. Bory`sova, I.P. Zhy`galkin, O.N. Sy`biga, P.V. Xotenecz`. Kharkiv: Pravo, 2017. 546 p. Auxiliary: 1. Avanesyan G.M., Basenko R.O. Civil law of Ukraine (General part): textbook. Poltava: PIEP, 2020. 199 p. 2. Vasiliev S.V. Civil Procedure: Textbook. S.V. Vasiliev. Kyiv: Alerta, 2019. 506 p. 3. Vakhoneva T.M. Copyright and related rights of Ukraine: textbook. way. Kyiv: Center for Educational Literature, 2016. 564 p. 4. Galasyuk V.V. Fair exchange value of objects in purchase and sale agreements, donations, and mines. Dnipro: Art-Press, 2017. 204 p. 5. Contract as a universal form of legal regulation: a monograph. For the head. ed. prof. V.A. Vasilieva. Ivano-Frankivsk, 2016. 399 p. 6. Contract law of Ukraine. The special part: textbook. way. Ed. O.V. Dzera. Kyiv: Yurinkom Inter, 2018. 1199 p. 7. Contract law of Ukraine: a textbook. Ed.: І.В. Tetarchuk, T.Ye. Dyakiv. Kyiv: Center for Educational Literature, 2018. 259 p. 8. Maidanyk RA Property law of Ukraine. Textbook. Kyiv: Alert. 2019. 1092 p. 9. Intellectual property law: a textbook. Ed. O.I. Kharitonova. Kyiv: Yurinkom Inter, 2019. 544 p. 10. Haritonov E. О. Civil legislation of Ukraine (main categories, principles, and concepts). Nat. University "Odessa. jurid. acad. ». Odessa: Phoenix, 2012. 339 p. 11. Kharitonov E.О, Kharitonov O.I. Civil relations: a monograph. 2nd, reworked. and ext. Odessa: Phoenix, 2011. 456 p. 12. Civil law of Ukraine (general part) (in diagrams and tables): textbook. MV Parasyuk, V.M. Parasyuk, N.M. Grabar. Lviv: Raster-7, 2020. 364 p. 13. Civil law of Ukraine: textbook. aid .: in 2 vols. Yu.F. Ivanov, O.V. Kurilina, M.V. Ivanov. Kyiv: Alerta., 2018. Vol. 2. 345 p. 14. Parasyuk V.M. Mechanism of application of civil liability to legal entities of public law. Scientific Bulletin of Public and Private Law. 2019. Vip. 2. Volume 1. P. 99–104. 15. Kokhanovska O. Development of the doctrine of non-property relations in Ukraine. Law of Ukraine. 2019. № 1. P. 93–104. 16. Personal intangible rights of the person: a textbook. Ed. A. O. Dutko. Lviv: Lviv State University of Internal Affairs, 2021. 444 p. 17. Fesenko E. Problematic issues of theory and practice of protection of personal non-property rights of the author. National Law Journal: Theory and Practice. 2017. № 3 (25). P. 80–84. 18. Kharchenko G. Fundamentals of property rights to the Civil Code of Ukraine. Entrepreneurship, economy, and law. 2019. № 6. P. 57–61. 19. Hudyma M.M. Actual problems of transition of property rights to other people's things in the doctrine of civil law. Law and society. № 1. 2020. P. 146–151. 20. Biletsky D.M. Ways to terminate the right of private property under the civil legislation of Ukraine. juried. Science: 12.00.03. National University "Odessa Law Academy". Odessa, 2018. 201 p. 21. Kushneruk D.V. Legal nature and features of legal property. Law and public administration.2019. № 2 (35) .T. 1. p. 44–48. 22. Sklyarenko I. The concept, characteristics, and types of communal property as a type of public property. Current issues of jurisprudence.2019. Vip. 2 (18). P. 77–82. Information resources: http://portal.rada.gov.ua - official site of the Verkhovna Rada of Ukraine. http://www.president.gov.ua - official Internet representation of the President of Ukraine. http://www.kmu.gov.ua/control - the only web portal of the executive authorities of Ukraine. https://supreme.court.gov.ua is the official website of the Supreme Court. http://www.ccu.gov.ua/pls/wccu/indx - official website of the Constitutional Court of Ukraine. http://www.vasu.gov.ua - the official website of the Supreme Administrative Court of Ukraine. http://www.arbitr.gov.ua - official Internet representation of the Supreme Economic Court of Ukraine. http://www.nbuv.gov.ua - National Library of Ukraine named after V.I. Vernadsky. http: //www.lsl.lviv.ua/ - Lviv National Scientific Library of Ukraine named after V. Stefanyk. http://vns.lp.edu.ua - Virtual learning environment of the National University "Lviv Polytechnic". http://www.nau.com.ua - Professional legal system "MEGA-NAU". https://jurliga.ligazakon.net/ - Information online project "YURLIGA".