Property Law 2017/2018
- 4 ECTS
- Taught in Portuguese
- Both continuous and final Assessment
- relevant skillset
The student is demanded to be able to:
- define the nature and characteristics of property law;
- identify the objects of rights concerning property;
- know the dynamics related with the constitution and transmission of rights concerning property;
- distinguish the different types of rights concerning property concerning their holders' powers amplitude;
- illustrate the dymamic related to constitution and transmission of rights over things;
- illustrate the importance of distinction between possession and other rights over things (especially property) and explain the specific characteristics that identify the possessory phenomenon and its importance in portuguese system;
- identify the structurant characteristics of the several types of rights over things;
- apply the acquired concepts to resolution of concrete problems concerning possession and rights over things under a practical overview.
General Theory of Civil Law
In order to face the proposed aims it is displayed expositional method, going along the development of concepts with legal texts and citical analysis of jurisprudence andd, on a practical perspective, an analytic and casuistic method, intending to place the student before real questions approaching a wide range of practical situations concerning the thematicas of the curricular unit.
Body of Work
I - GENERAL PART
1. Concept of rights over things.
3. Dominant principles.
II – POSSESSION
6. Conceptions of possession.
7. Fundamentals of juridical tutelage.
9. Acquisition and loss.
18. Real estate property and restrictions to the inherent powers.
19. Water property.
IV - CO-OWNERSHIP
21. Juridical nature.
22. Legal regime.
V - HORIZONTAL PROPERTY
26. Constitution's modes.
27. Joint ownership's duties.
28.Administration of common parts.
VI - SURFACE RIGHT
29. Notion and constitution.
30. Content of the superficiary's right.
VII - USUFRUCT
32. Notion and constitution.
33. Rights and onbligations of the usufructuary.
VIII - OTHER RIGHTS OVER THINGS
MOREIRA, Álvaro/FRAGA, Carlos, Direitos Reais, segundo as prelecções do Prof. C. A. da MOTA PINTO, Almedina, Coimbra 2010;
FERNANDES, Luís Carvalho, Lições de Direitos Reais, Quid Juris, 6th edition (3rd reprint), Coimbra 2010.
ASCENSÃO, José de Oliveira, Direito Civil – Reais, Coimbra Editora (5th edition), Coimbra 2012;
CARVALHO, Orlando de, Direitos Reais, Coimbra Editora, Coimbra 2012;
DUARTE, Rui Pinto, Curso de Direitos Reais, Principia, Lisboa 2013;
MESQUITA, Manuel Henrique, Direitos Reais, Coimbra 1967.
ALMEIDA, L. P. Moitinho de, Restituição de Posse e Ocupação de Imóveis, 5th edition, Coimbra Editora, Coimbra 2002;
COELHO, Luís Pinto, Da Comunhão de Propriedade e Comunhão de outros Direitos Reais, in BMJ 102º-103º, Lisboa 1961;
CORDEIRO, António Menezes, A Posse: Perspectivas Dogmáticas Actuais, Almedina, 3rd edition (3rd reprint), Coimbra 2014;
RODRIGUES, Manuel, A Posse, 4ª ed., Almedina, Coimbra 1996.
Presentation of the CU's plan, with exposition on methology to be pursuit; ennouncemnt of objectives pursuited through classes.
Concept of rights over things and concerning characteristics.
Dominant priciples and classifications of rights over
Possession, it's nature and characters.
Possession's acquisition and loss.
Possession's effects, especially regarding usucaptio. Articulation of this one with accession and practical exemplification.
Practical cases concerning possession, usucapio and accession.
Notion and nature of property, it's characteristics and acquisition.
Practical cases concerning defense of property.
Practical cases concerning Civil law restrictions on owner's powers.
Other limited rights over things.
Demonstration of the syllabus coherence with the curricular unit's objectives
To proposed objectives correspond the following programmatic contents (to which correspond the formerly indicated Programme's points): 1) Decoying the nature and characteristics of rights over things (Points 1. and 2. of the Programmatic Contents), as weel as knowledge of the dynamics related to the constitution and transmission of rights over things (Point 3.) and recognition of their different types (Point 4.); 2) Identificattion of the object of rights over things (Point 1.); 3) Understanding of the difference of distinction between possession and right over things (especially property) and to grasp the specific characteristics which identify the possessory phenomenon (Points 5. to 12.)
6. Knowledge of the characteristics and regime of the several rights over things: a) property (Points 13. to 28,); b) rights of enjoyment of things (Point 29. to end of Chapter VII); c) limited real rights of guarantee and acquisition (Chapter VIII).
Demonstration of the teaching methodologies coherence with the curricular unit's objectives
The expository method will allow (refering to the curricular unit): 1) the aprehension of nature and characteristics of rights over things (Points 1. and 2.); 2) characterization of the object of rights over things (Point 1.); 3) Knowledge of the principles concerning rights over things (Point 3.); 4) Grasping the specific elements that identify the possessory phenomenon and a correct understanding this one’s importance (Points 5. to 12.); 5) the knowledge and mastering of other rights over things' legal regulation (Points 4. and 13.).
The analytic and casuistic method will allow to interpret the legal concepts related to the curricular unit in a practical perspective, as well as the resolution of practical cases related with possessiom (Points 5. to 12.) and other rights over things (Point 13. until final), namely turning to judicial decisions, in order to apply the studied regime.
|relevant generic skill||improved?||assessed?|
|Achieving practical application of theoretical knowledge|
|Adapting to new situations|
|Analytical and synthetic skills|
|Ethical and responsible behaviour|
|Foreign language proficiency|
|Initiative and entrepreneurship capability|
|Problem Analysis and Assessment|
|Understanding multiculturalism and valuing diversity|
|Written and verbal communications skills|