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Family Law 2017/2018

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

Objectives

Contribute to a better understanding of family legal relations
At the end of the course students should be able to:
Identify the sources and characters and know the principles of Constitutional Law, Family Law;
-Know The legal concept of family and distinguish the different family relationships.
-Dominar The concept of marriage and distinguish the various matrimonial systems.
-Know The effects, personal and property, marriage, identify the marriage contract, master the rules of the administration of marital property and liability for debts of the spouses;
-Know Cases of modification of the marital relationship;
Understand the concept and cases of termination of the marriage relationship;
- Know the legal regime of de facto unions.
- Know and dominate the legal system of parenting, adoption and affiliation

Recommended Prerequisites

Full graps of materials taught in General Theory of Law, Property Law, Law of Obligations

Teaching Metodology

The teaching method adopted in this course favors the self-study student. Theoretical classes, subject to the prior exposure of the subject by teachers, will be made of the interrogative method. In practical classes, conduct will be practical cases inspired by the forensic practice and will be made of, as well, to direct questioning students about the matter already taught in lectures and detailed and circumstantial analysis of technical issues. It requires, therefore, attendance and active participation of students in class.

Body of Work

I - INTRODUCTION - GENERAL CONCEPTS
Sources of Family Law
Constitutional Principles of Family Law
Characters of Family Law

II - FAMILY RELATIONS
1 family legal notion. Family relationships (marriage relationship and kinship relations, affinity and adoption).
2. Kinship
3. Affinity
4. Adoption
5. Marriage (The concept matrimonial systems and the Portuguese system personal and property effects:.. Prenuptial Convention, Administration of home goods; Liability for debts of the spouses)
5.1. Modification of the marital relationship (A separation of people and goods; The simple judicial separation of property)
5.2 Termination of the marriage relationship (Divorce: modalities and effects)
6. The Union of Fact
7. Parenting
7.1 Establishment
7.2 Adoption and Affiliation
7.3 Effects

Recommended Bibliography

CAMPOS, Diogo Leite de, CAMPOS, Mónica Martinez de – Lições de Direito da Família, 3ºed., Coimbra: Almedina, 2016

DIAS, Cristina M. Araújo - Uma Análise do Novo Regime Jurídico do Divórcio, 2º ed., Coimbra: Almedina, 2009

Complementary Bibliography

COELHO, F. M. Pereira, OLIVEIRA, Guilherme de – Curso de Direito da Família (Vol I), 5ª ed., Coimbra: Coimbra Editora, 2016

COELHO, F. M. Pereira, OLIVEIRA, Guilherme de – Curso de Direito da Família (Vol II). Coimbra: Coimbra Editora, 2006

LIMA, Pires, VARELA, Antunes – Código Civil Anotado (Vol IV).Reimpressão. Coimbra: Coimbra Editora, 2010

OLIVEIRA, Guilherme de - Temas de Direito da Família. Coimbra: Coimbra Editora, 2001

PINHEIRO, Jorge Duarte - Direito da Família Contemporâneo. A.A.F.D.Lisboa, 2016

SOUSA, Miguel Teixeira de - O Regime Jurídico do Divórcio. Coimbra: Almedina,1991

SOTTOMAYOR, Clara - Regulação do Exercício dasResponsabilidades Parentais nos Casos de Divórcio, Reimpressão da 6.ª Edição Revista, Aumentada e Actualizada, Coimbra: Almedina, 2014

Weekly Planning

theoretical classes:
1st class:
Presentation
Methodology
Bibliography
2nd class:
General notions
Sources of Family Law
Characters of Family Law
The constitutional principles in family law
3rd class:
The Family relations:
- notion
- Kinship
- Affinity
- The adoption
4th class:
The Family relations:
- The marriage (concept)
5th class:
Marital systems
Wedding background requirements
6th class:
Wedding formal requirements
The personal effects of marriage
7th class:
The conjugal duties
The property regime:
- notion
- The marriage contract (substantive requirements and formalities)
8th class:
The fellowship scheme of acquired
The regime of the general community property and the separation of property regime
1 Mini test
9th class:
Property regime - conclusion
The administration of the couple's property
The liability for debts of the spouses
10th class:
The simple judicial separation of property
The separation of people and goods
11th class:
Divorce by mutual consent (administrative and judicial proceedings process)
The divorce without the consent of a spouse
12th class:
The effects of divorce.
The fact that union.
13th class:
Membership (introductory notions: birth, motherhood, fatherhood, the relevance of science in establishing the membership)
Maternity establishment (For statement and statement; Disputes registered motherhood; The common action of motherhood research; The special action when the mother is married)
14th class:
Paternity establishment
2 Mini Test
15th class:
The adoption and the effects of membership. Conclusion of the matter.
Practical classes.
1st class:
Presentation. Methodology.
Synthesis of matter taught in lectures; question of the students.
2nd class:
Question students about the issues covered in the lectures; review of the matter dealt with so far and introduction of methodology of solving practical examples and analyzes of cases inspired by real life.
3rd class:
Kinship degrees; explanation; calculation; practical exercises.
4th class:
Matrimonial capacity; diriment and impedientes impediments: explanation and resolution of practical cases.
5th class:
Causes of absence and annulment of civil marriage: practical examples.
6th class:
Development of the matter taught in lectures: a marriage contract, the regimes of property, donations to marriage, inheritance arrangements with content.
7th class:
The regime of community acquired: own goods and common property; question of the students and resolution of practical cases.
8th Lesson:
The regimes of the general community property and separate property: Question of students and resolution of practical cases.
9th class:
Marital property management: practical examples. Exercises.
10th class:
Liability for debts: practical exercises.
11th class:
Practical exercises: property regimes, administration and responsibility for debts.
12th class:
Divorce effects: sharing under Article 1790.º DC: practical exercises.
13th class:
Case studies on the establishment of maternity and paternity. Jurisprudential analysis.
14th class:
Case studies on the establishment of maternity and paternity.
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Demonstration of the syllabus coherence with the curricular unit's objectives

In Family Law of nuclear institutes get exposed understand and explain the rules essences students in order to have solid knowledge in this area. Thus, students will be able to:
- Identify the sources and characters and know the principles of the Constitutional Family Law through exposure and of Chapter I study
- Know the legal concept of family and distinguish the different family relationships through the exhibition, study and analysis of the points 1-4 of Chapter II
- The study of Section 5 of Chapter II will allow students to master the concept of marriage to distinguish the various matrimonial systems, meet the personal and property consequences of the marriage, master the rules of administration and responsibility for debts, know the cases of modification marital relationship; understand the cases of termination of the marriage relationship.
- At the end of Chapter II students will still be able to master the rules of the partnership, adoption and parenting.

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

For all the objectives of learning, teaching methodology relates to the theoretical exposition and practice of taught material, allowing the student to have a view of the legal doctrine of each explained institute, but also have the opportunity (in practical classes) to have a vision and application to situations fictional by the teachers where students can experience the application of the respective teachings in practice.
Namely, that the student is able to identify the sources and the characters and know the principles Constitutional family law, know the legal concept of family and distinguish the different family relationships (marriage relationship and kinship relations, affinity and adoption, master the concept of marriage and distinguish the various matrimonial systems, will be made of the lecture method as a way of introduction to the self-study of the problems of the student, the resolution of practical exercises, to direct interrogation of the students and analysis of technical issues .These methods should be supplemented by autonomous study and research.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYesYes
Information and learning managementYesYes
Problem Analysis and AssessmentYes 
Problem-solvingYesYes
Research skillsYes 
Self-assessmentYes 
Understanding multiculturalism and valuing diversityYes 
Written and verbal communications skillsYesYes
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