Family Law 2017/2018
- 6 ECTS
- Taught in Portuguese
- Both continuous and final Assessment
- relevant skillset
The student will be able to:
- Identify the sources and characters of DF;
- Identify the principles of Constitutional DF;
- Describe the legal concept of family and distinguish the different family relationships;
- Define the concept of marriage and distinguish the various matrimonial systems;
- Analyze the requirements and form of marriege.
- Know the effects, personal and patrimonial, of marriage, a prenuptial agreement, the rules of administration of the couple's property and liability for debts of the spouses;
- Know the cases of marital relationship modification(distinguishing the regime of separation of people and goods from the simple judicial separation of property);
- Understand the remaining cases of separation of property, connecting them with the enforcement process
- Understand the cases of termination of the marriage (divorce regimes by mutual consent and divorce without the consent of the other spouse)
-know the filiation legal framework
Fundamental notions of Law and General Theory of Civil Law.
The lectures are essentially characterized by the oral presentation of the syllabus, accompanied by concrete cases. As part of a teaching that is to be interactive, it encourages the discussion of issues and critical analysis of syllabus..
The classes are mainly intended to develop a practical perspective, the theoretical material taught, using the resolution of case studies, analysis of legislation, case studies in jurisprudence, assuming special preponderance answering questions.
At the same time, it is intended to find the resolution of practical cases, specific legal problems, aiming to provide students with this very close contact with legal reality.
Throughout this process, we intend to encourage the student to research and develop a self-study.
Body of Work
1. DF sources
2. Characters DF
3. Constitutional Principles of the Federal District
II- Family relationships
1. Family Legal Notion. Family relationships
5. Legal relations parafamiliares
6.1 Civil marriage and Catholic marriage.
6.2 Marriage Promise
6.3. Civil marriage.
6.3.1. And capacity constraints
6.3.3 Addictions consent.
6.3.4 Wedding Formalities.
6.3.5 Invalidity, non-existence, nullity and annulment.
6.3.6 The putative marriage.
6.4 Effects wedding
6.4.1 Personal Effects
6.4.2 Equity Effects
6.5. Modification of the marital relationship
6.5.1 The legal separation of people and goods
6.5.2 The simple judicial separation of property
6.5.3 Other cases of separation-joint assets with the procedural rules
6. 6 Dissolution of marriage relation
CAMPOS, Diogo Leite de, CAMPOS, Mónica Martinez de – Lições de Direito da Família e das Sucessões., 3ºed., Coimbra: Almedina, 2016
DIAS, Cristina M. Araújo- Uma Análise do Novo Regime Jurídico do Divórcio. Coimbra: Almedina,2009
PINHEIRO, Jorge Duarte - Direito da Família Contemporâneo. A.A.F.D.Lisboa, 2010
COELHO, F. M. Pereira, OLIVEIRA, Guilherme de – Curso de Direito da Família. Vols I. Coimbra: Coimbra Editora, 2008
LIMA, Pires, VARELA, Antunes – Código Civil Anotado, Vol IV e V, Coimbra: Coimbra Editora, 1992 e 1995
OLIVEIRA, Guilherme de - Temas de Direito da Família. Coimbra: Coimbra Editora, 2001
SOTTOMAYOR, Clara - E Foram Felizes para Sempre...? Uma Análise Crítica do Novo Regime Jurídico do Divórcio - Actas do Congresso de 23, 24 e 25 de Outubro de 2008.Coimbra:Coimbra Editora, 2010
SOTTOMAYOR, Clara - Regulação do Exercício das Responsabilidades Parentais nos Casos de Divórcio, Reimpressão da 6.ª Edição Revista, Aumentada e Actualizada de 2014Almedina, 2016
XAVIER, Rita Lobo - Recentes Alterações ao Regime Jurídico do Divórcio e das Responsabilidades Parentais. Coimbra: Almedina, 2010
Sources of Family Law
Characters of Family Law and Family Law
The constitutional principles in Family Law
The Family relations:
Parafamily legal relations
Life in common economy.
Capacity and constraints
Consent. Consent defects.
Marriage formal requirements
Personal effects of marriage
The conjugal duties
Marital property systems:
- the prenuptial arrangement
The substantive requirements of the prenuptial arrangement contract and the formalities
The acquired assets system.
The general community property regime and the separation of property regime
The administration of the couple's property
The liability for debts of spouses.
The simple judicial separation of property. The separation of people and assets.
Other cases of separation of property during the term of the conjugal society - joint with the procedural rules.
Divorce by mutual consent (administrative and judicial proceedings process).
The divorce without the consent of a spouse.
The effects of divorce.
Filiation: maternity and paternity establishiment.
Summary on the subject taught in lectures: discussion and questioning of the students.
kinship degrees and affinity relationships: explanation; practical exercises . Resolution of practical cases.
Matrimonial capacity: diriment and impedientes constraints. Resolution of practical cases.
Resolution of practical cases on marriage capacity.
Causes of absence and invalidity of civil marriage; faults of the consent. Resolution of practical cases.
The prenuptial agreement: marital propoerty systems, donation for wedding, hereditary provisions. Resolution of practical cases.
The acquired assets system: own goods and common goods. Resolution of practical cases.
The liability for debts of spouses.
The general community of property and separation of propoerty systems.
Management of marital property. Resolution of practical cases
Marital illegitimacy. Resolution of practical cases.
Liability for debts. Resolution of practical cases. Connection with the enforcement process: debt communicability and opposition to execution: the role of the enforcement agent. Case law analysis.
Asset management, liability for debts and the enforcement process; seize of common assets; opposition to the seize when the assets are subsidiáry: the role of the enforcement agent.
The remaining cases separation of property during the marriage and the enforcement process; separation of assets property under an enforcement lawsuit.
Case law analysis and resolution of practical cases.
Divorce effects; the sharing of common goods; practical scope of Article 1790.º CC. Resolution of pratical exercises and case law analysis.
Note: For calendar reasons, it will only be taught 11th practical classes.
The dates planned for the written tests may be changed.
Demonstration of the syllabus coherence with the curricular unit's objectives
UC was structured according to the intended objectives, aiming to provide students with solid knowledge to carry out a professional activity, whose practical bias is relevant. The goal for the identification of the sources, characters and principles of Constitutional DF is achieved by the introduction. Part II will enable students to describe the legal concept of family and distinguish the different family and parafamiliares relations. The chapter on marriage will allow students to define the concept; distinguish between marriage systems; know the background and requirements of form and the personal and financial effects. Students will also know cases of modification of the marital relationship, linking them with the implementation process. The content of the chapter dedicated to the extinction of the marriage relationship will enable students to understand the divorce arrangements by mutual consent and without the consent of the other spouse and their effects.
Demonstration of the teaching methodologies coherence with the curricular unit's objectives
The expository method used in lectures show is appropriate for the transmission of all program content that make up this course, with an interactive component, provided by space created in class for asking questions and reviewing legislation and case law, indispensable for the faster and better student learning. The review of legislation and jurisprudence, the direct interrogation of the students and the resolution of practical cases in practical classes create the necessary conditions for students by identifying the most relevant issues, become able to know and understand the sources of DF, Constitutional Principles DF, the characters of the DF, family and parafamiliares relations, the underlying legal regime to marriage, to its amendment, considering the connection with the implementation process, and their extinction. Students will also have the ability, through the use of these methods to resolve the practical issues that arise in connection with these matters. The combination of contact hours in theoretical and practical seat favors the application by students of theoretical knowledge to concrete cases, stimulating the necessary independent study carried out by the student.
|relevant generic skill||improved?||assessed?|
|Achieving practical application of theoretical knowledge||Yes||Yes|
|Analytical and synthetic skills||Yes||Yes|
|Ethical and responsible behaviour||Yes||Yes|
|Information and learning management||Yes||Yes|
|Problem Analysis and Assessment||Yes||Yes|
|Written and verbal communications skills||Yes||Yes|