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Family Law 2017/2018

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

Objectives

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

Recommended Prerequisites

Fundamental notions of Law and General Theory of Civil Law.

Teaching Metodology

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

I-Introduction
1. DF sources
2. Characters DF
3. Constitutional Principles of the Federal District
II- Family relationships
1. Family Legal Notion. Family relationships
2. Kinship
3. Affinity
4. Adoption
5. Legal relations parafamiliares
6. Marriage
6.1 Civil marriage and Catholic marriage.
6.2 Marriage Promise
6.3. Civil marriage.
6.3.1. And capacity constraints
6.3.2 Consent.
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
6.7.1 Divorce
7.Filiation

Recommended Bibliography

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

Complementary Bibliography

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

Weekly Planning

Theoretical classes

1st Week
Presentation
Methodology
Bibliography
General notions.
Sources of Family Law

2nd Week
Characters of Family Law and Family Law
The constitutional principles in Family Law

3rd Week
The Family relations:
- notion
- Kinship
- Affinity
- Adoption

4th Week
Marriage (concept)
Parafamily legal relations
Civil sponsarship.
Informal Union
Life in common economy.
Marital systems

5th Week
Marriage requirements.
Capacity and constraints
Consent. Consent defects.

6th week
Marriage formal requirements
Personal effects of marriage

7th Week
The conjugal duties
Marital property systems:
- notion
- the prenuptial arrangement
The substantive requirements of the prenuptial arrangement contract and the formalities

8th Week
The acquired assets system.
The general community property regime and the separation of property regime

9th Week
The administration of the couple's property
The liability for debts of spouses.

10th Week
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.

11th Week
Divorce by mutual consent (administrative and judicial proceedings process).
The divorce without the consent of a spouse.

12th Week
The effects of divorce.
Filiation: maternity and paternity establishiment.

13th
Written test

14th Week
Filiation effects.

Practical classes:

1st Week
Presentation; methodology.
Summary on the subject taught in lectures: discussion and questioning of the students.

2nd Week
kinship degrees and affinity relationships: explanation; practical exercises . Resolution of practical cases.

3rd Week
Matrimonial capacity: diriment and impedientes constraints. Resolution of practical cases.

4th week
Resolution of practical cases on marriage capacity.
Causes of absence and invalidity of civil marriage; faults of the consent. Resolution of practical cases.

5th Week
The prenuptial agreement: marital propoerty systems, donation for wedding, hereditary provisions. Resolution of practical cases.

6th Week
The acquired assets system: own goods and common goods. Resolution of practical cases.

7th Week
The liability for debts of spouses.

8th Week
The general community of property and separation of propoerty systems.
Management of marital property. Resolution of practical cases





9th Week
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.

10th Week
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.

11th Week
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 skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYesYes
Information and learning managementYesYes
Problem Analysis and AssessmentYesYes
Problem-solvingYesYes
Research skillsYesYes
Written and verbal communications skillsYesYes
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