Specialization seminar (proseminar) - Civil law: disputes in doctrine and discrepancies in case law 2200-1F115

Disputes in doctrine and discrepancies in case law are the most interesting challenges in the work of every lawyer, although they are usually not welcomed by beginner students preparing for the civil law exam, who prefer certain and established knowledge. However, the seminar is the stage when the student moves from acquiring knowledge to using it, and that is what the formula of these classes is intended to serve. In the case of this seminar, it includes, among others analysis of the issues that were the subject of resolutions of the Supreme Court regarding discrepancies in the interpretation of civil law provisions or were presented to the Supreme Court for resolution by common courts. Current issues are also discussed, regarding which different lines of jurisprudence or different assessments in the literature have only just emerged. Reading the judgments and selected literature allows one to evaluate the arguments of the parties, the position of the courts in all instances and the views formulated in the doctrine.
Examples of issues include: incapacitation, protection of personal rights, limitation of claims, adverse possession, easement of a necessary road, contractual penalties, liability for damages, revocation of a donation, vehicle rental and leasing, commission in an agency contract, forms and invalidity of a will, disinheritance, rejection of inheritance, entering into a relationship marital relationship, representation of the child by the parent, abusive clauses, credit agreements, travel contracts during the pandemic.