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Fundamental Notions of Law 2017/2018

  • 6 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment

Objectives

After completion with success of the course, the student will be able to:
a) - internalize the general idea of law and know the law;
b) - To identify the different classes of legal rules;
c) - Classify and qualify the subjective rights;
d) - To characterize the coercive protection to work so within the legal system;
e) - To value the sources of law;
f) - Handling the legal technique as a structural piece of legal interpretation.

Recommended Prerequisites

N/A

Teaching Metodology

The methods used (exhibition, Socratic, case and inductive method) prove to be adequate to the dynamics of this unit, the component of the lectures.
The lectures aim to equip students with the basic knowledge being in tune with the program. In the typology of theoretical and practical classes, methods, and Socratic inductive, allow the use of real or hypothetical cases in order to give students the practical application of the subjects addressed. However, it will have greater focus on practical classes.
In turn, it will be value-teacher dialogue / student, leading the latter to a process of reflection and discovery of own values advocated by this cross-curricular unit. There will be thus a better understanding of the concepts and basic principles of this unit.
Thus, it will be achieved, provide students with better cognitive and affective abilities in the course of the training process.

Body of Work

I - General view of law
1 - The Social Order. institutions
2 - The Legal Order as Regulatory Order
3 - Legal Standards
   
II - The Legal Order
1 - The Right Objective and Subjective Rights
  
III - Right Structure - The Legal Normativity
1 - The Legal Standard - Remission
2 - The Sanction
                      
IV - Sources of Law
1 - Sources of Law Notion
2 - enumeration and classification of Sources of Law
     
V - Legal Technical
1 - The Interpretation of Law
2 - Integration Gaps
3 - Application of Laws in Time

Recommended Bibliography

JUSTO, A. Santos – Introdução ao Estudo do Direito, Coimbra Editora, Coimbra, 2015
MACHADO, João Baptista - Introdução ao Direito e ao Discurso Legitimador, Almedina, 2016

Complementary Bibliography

ASCENSÃO, José de Oliveira – O Direito – Introdução e Teoria Geral, Almedina, 2016
BRONZE, Fernando José - Lições de Introdução ao Direito, Coimbra editora, 2010
MENDES, João de Castro - Introdução ao Estudo do Direito, Pedro Ferreira, editor, 2010
SOUSA, Miguel Teixeira - Introdução ao Direito, Almedina, 2015
SILVA, Germano Marques - Introdução ao estudo do Direito, Universidade Católica, 2015

Weekly Planning

Lesson 1
Presentation.
Bibliographical indication and methodology adopted in the classes of the course.

Lesson 2
The Social Order. Institutions.
The Legal Order as Regulatory Order.
The Legal Standards: Concept and structure.
The Subsumption and the judiciary syllogism.
Characteristics of Legal Rules.

Lesson 3
Types of Legal Norms:
Imperative standards and operative standards.
Universal standards, regional standards and local regulations.
General Standards Exceptional standards and special standards

Lesson 4
Types of Legal Norms: conclusion.
Autonomous and standards not autonomous standards.
Leges plus quam Perfectae; leges Perfectae; leges minus quam Perfectae and leges imperfectae
Objective and Subjective Rights: Notions
Subjective rights and potestative rights stricto sensu .

Lesson 5
Subjective Rights Types:
Subjective Birthrights and Subjective Unborn rights
Subjective Essential and Subjective Non Essential Rights;
Subjective Personal and Subjective Property Rights;
Subjective Absolute and Subjective Relative Rights;
Subjective Available and Unavailable Rights;
Subjective Rights and related figures: Legal Interests, Law Colleges, Legal Expectations and Legal Burden.

Lesson 6
The Legal Standard - Remission
The Sanction: the concept.
Types of Sanctions:
Reconstitutivas sanctions;
Compensatory Sanctions;
Punitive sanctions;
Preventive sanctions;
Compulsory or Compulsive sanctions.

Lesson 7
Types of Sanctions: conclusion.
Sanctions Ineffective Legal (broadly): Lack Legal, Legal Invalidity (Nullity and Annulment) and Legal Ineffectiveness (proper).
Allusion to the concept of Coercivity (or coercion).

Lesson 8
Notion of law sources.
Enumeration and classification of law sources.
The law.
Typology of legal acts.
Hierarchy of normative acts.
Advertising and early enactment of Law.

Lesson 9
Termination of Law: Termination and Revocation. Allusion to the concept of revalidation.
Custom.
The Jurisprudence.
The Doctrine.
The reference of the Civil Code to equity.
The reference of the Civil Code on Corporate Standards.

Lesson 10
The Interpretation of Law: concept and need.
Modalities.
Traditional Theory of Law Interpretation
The object (or end) of the Interpretation: the current objectivist, the current subjectivist and the Theory of Synthesis or Mixed.

Lesson 11
Elements of interpretation.
The grammar element.
The Logical elements: history element, the element and the Systematic Rational or Teleological Element.
Interpreting the results: the Declarative Interpretation, Restrictive Interpretation, the Extensive Interpretation, the Interpretation Repealing or Ab-rogante and Enunciative Interpretation.

Lesson 12
The integration of gaps.
Gap concept.
The arrangements for gaps.
Extensive distinction between interpretation and integration gaps.
Gaps forms of integration.
The analogy (analogy legis).
The creation of an ad hoc standard (analogy iuris).

Lesson 13
The Law Enforcement in time.
Problem definition.
The problem solution.
The transitional provisions.

Lesson 14
Mini Test

Lesson 15
Balance of the school year.

Practical classes
Lesson 1
Presentation . General considerations.

Lesson 2
Analysis of legal provisions. Design of the standard.

Lesson 3
Analysis of legal provisions. Design of the standard.

Lesson 4
Resolution of case studies.

Lesson 5
Resolution of case studies.

Lesson 6
Resolution of case studies.

Lesson 7
Mini Test

Lesson 8
Resolution of case studies.

Lesson 9
Resolution of case studies.

Lesson 10
Resolution of case studies.

Lesson 11
Resolution of case studies.

Lesson 12
Resolution of case studies.

Lesson 13
Resolution of case studies.

Lesson 14
Resolution of case studies.

Lesson 15
Balance of the school year.

Demonstration of the syllabus coherence with the curricular unit's objectives

Upon completion by the student of the course demand is that the student acquires a thorough knowledge and satisfying about the Fundamental Law notions and this will allow you to find and frame the appropriate legal solutions to practical situations that, in particular, will face in the course and pursue the professional activity. In this way, students will be able to meet the objectives that are proposed in the above-mentioned point a) after study of Chapter I of the study plan. The aim is also to achieve the goal mentioned above in b) to the study of iten 3 of Chapter I. The purpose of learning identified in paragraph c), will be achieved with the study of point 1 of Chapter II of the program. Since the objectives set out in d), e) and f) will be reached after they have been taught, respectively, Chapters II and IV of the curriculum.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

For complete range of all learning objectives is used the lecture method, though not dispensed with the interactivity with the student in constant debate positions based on the different themes of the program. Thus, to achieve the objectives referred to in subparagraphs a) to e) shall be used, the exhibition and the Socratic method. Since to achieve the objective mentioned in paragraph f), give focus will be the inductive method and case method.
The tutorial accompanying the autonomous student study allows closer contact in order to achieve the goals more successfully.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Commitment to effectivenessYesYes
Commitment to qualityYesYes
Ethical and responsible behaviourYesYes
Event organization, planning and managementYesYes
Problem Analysis and AssessmentYesYes
Problem-solvingYesYes
Relating to othersYesYes
Research skillsYesYes
Self-assessmentYesYes
TeamworkYesYes
Written and verbal communications skillsYesYes
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