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Sucession Law 2017/2018

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

Objectives

The student must be able to understand the the notion of succession, as well as the scope and characteristics of the succession phenomenon and to identify the modalities of succession designation; To grasp the status and legal regime of the heir and legatee; To describe the time and place of opening of succession, to explain the notion of vocation and its requisites; To define capacity to succeed and to distinguish between indignity and disinheritance; To recognize and differentiate the terms of succession vocation, the notions of acceptance and rejection; To develop the concept, object and limits of the inheritance petition action, and the claim of legacy procedure; To grasp the notions of imputation, reducing of donations; To explain the rules of the heritage administration and disposal of heritage and to apply the acquired theoretical concepts to the process of liquidation and distribution of inherited assets.

Recommended Prerequisites

Civil law theory and Family Law

Teaching Metodology

To comply with the required curriculum development and to meet the objectives proposed, various teaching/learning methodologies are used. The traditional lecture is not waived,but the debate of ideas and expression of well-founded opinion is a constant, as well as the analysis and review of legislation, judgments and other documents.At the same time the legal resolution of issues proposed allows very close contact with the reality of work and with the difficulties and difficulties in a real context through case studies. To accompany this process the student is strongly encourages research and to study autonomously.

Body of Work

I - Concept, characteristics of Succession; concept and designation of succession arrangements, legal succession, voluntary succession . II - Designation as heir or as legatee; The legal status of the heir and of the legatee III - The opening of the succession: time and place; death as a prerequisite . Succession vocation notion and assumptions. The capacity to inherit: indignity, disinheritance; Modes of vocation. IV - The inherited acquisition : recumbent inheritance , acceptance and repudiation, inheritance petition, legacy claim, allocation of gifts, reduction. V - The management of inherited assets. Transmission. Liquidation and distribution.

Recommended Bibliography

CAMPOS, Diogo Leite de; CAMPOS, Mónica Martinez de: Lições de Direito das Sucessões, Almedina, Coimbra, 2017. ISBN 9789724068732

Complementary Bibliography

ASCENSÃO, José de Oliveira – Direito Civil Sucessões. 5.ª Ed. Revista. Coimbra: Coimbra Editora, 2000.
SOUSA, R. Capelo de – Lições de Direito das Sucessões, Vol. I, 4.ª Ed. Renovada, Coimbra: Coimbra Editora, 2013
SOUSA, R. Capelo de – Lições de Direito das Sucessões, Vol. II, 3.ª Edição Renovada, Coimbra: Coimbra Editora, 2013COELHO, F. M. Pereira – Direito das Sucessões, edição policopiada, Coimbra, 1992.
CÔRTE-REAL, Carlos Pamplona – Curso de Direito das Sucessões, Lisboa: Quid Juris, 2012
DIAS, Cristina M. Araújo – Lições de Direito das Sucessões, Coimbra:Almedina,2012
LIMA, Pires de e VARELA, J. Antunes – Código civil Anotado, Vol. VI, Coimbra: Coimbra Editora, 2010
TELLES, Inocêncio Galvão - Sucessões - Parte Geral, Coimbra: Coimbra Editora, 2004

Weekly Planning

THEORETICAL CLASSES
1 - Introduction General considerations on the study plan Bibliographies Considerations on teaching methodology
2 - Succession: - Notion - Scope and features - Concept - Details
3 - Legal imperative succession
4 - Contractual succession.
5 - Testamentary succession
6 - The legal subsidiary succession - The status of heir and legatee - The legal status of the heir and legatee
7 - The opening of the succession: - Time - Place The succession vocation: - Notion - Assumptions
8 - The capacity to inherit, indignity and and disinheritance
9 - Vocation modes: - Original and subsequent - Pure, conditional, and modal - Single and multiple - Direct and indirect (representation, substitution) 10 - Test 11 - Immediate and derived vocation Distinction between the transmission of the right to succeed and representation Common and anomalous vocation Acquisition:
- Acceptance and repudiation
12 - Management 13 - Transmission; 14 - Distribution 15 - Conclusion
PRACTICAL CLASSES
1 - n / a
2 - Additional explanation about the assessment elements; Students with questions about the contents exposed in the lectures; Count review of the degree of kinship
3 - Case studies of identifying successors legitimários, using the principles of preferred classes and degrees of kinship; of legitimate calculation
4 - examples Analysis of inheritance and wills contracts; case study: the ability to test, addictions, prohibited provisions
5 - Case study: identification of successors legitimários and their quotas; calculation of legitimate; Available share, legitimate succession legitimate and calculation of quotas
6 - Practical examples: distinction between the heir and legatee ex re right 7 - Case studies: legacy because of the legitimate and legacy of legitimate replacement
8 - collation; notion; species; case studies
9 - The collation: continued; case studies
10 - The right to representation; case studies. Revisions.
11 - Test Correction
12 - The collation; The right of representation and the transmission of the right to succeed: case studies
13 - Conducting a complete liquidation and distribition case study
14 - Reviews; case studies
15 - Conclusion

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

The CU seeks the complete formation of the student, intent on acquiring a knowledge that allows you to find solutions to the practical issues that may arise. Thus, students will be able to define succession, its scope and characteristics, to explain the succession portion of an estate, the imputation and the reduction, the contractual and testamentary succession legitimate through the study of point (i); To distinguish the designation of succession due to the object, status and legal regime of the heir and the legatee, through point (ii); To understand the time and place and the opening of the succession and death as assumed, the capacity and the modalities of vocation through point (iii); To understand the acquisition of succession, the present inheritance, acceptance and rejection, the petition of inheritance, legacy claim, donations and reduction through point (iv); To dominate rules of administration, sale and distribution of the inheritance through point (v).

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 theory 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) of have a vision and dogmatic application of the fictional situations by teachers where students can experience the application of the respective teachings in practice. Namely, that the student is able to identify the main problems faced in this area and describe and apply the legal rules governing them, to define the notion of succession, its scope and features of the succession phenomenon and identify the concepts of modes of inheritance designation will be made of the lecture method as a way of introduction to the self-study of the problems of the student. In order to explain to legitimize succession and the figures of allocation and the reduction, the contractual succession, succession and the legal succession; to distinguish the succession designation because of the object, namely, the status of the heir and legatee; the legacy of legitimate replacement and inheritance ex re right; the legal status of the heir and legatee will apply the problem-solving method inspired by the forensic practice, notwithstanding the theoretical exposition of the matter in order to guide the student in your self-study. In order that the student can describe the time and place of opening of succession; explain the notion of succession vocation and the respective assumptions; define the concept of succession capacity and discriminate between the figures of unworthiness and disinheritance; recognize the vocation modalities and differentiate the original subsequent vocation, pure vocation, parole, forward and modal, a una multiple vocation, direct of indirect vocation (to do so, identifying the right of representation figures on the right in addition, the direct replacement); distinguish between the immediate calling and the derivative, involving the transfer of the right to succeed and the right to representation; discriminate between the common vocation and the anomalous and summarize the phenomenon of inherited acquisition and point out the estate in abeyance notions of acceptance and rejection, teachers explanarão matter and encourage the analysis and discussion in class will examine practical examples and interrogate students about the knowledge acquired during the self-study. In order to allow students to explain the heritage management rules, discuss the issue of inheritance transfer and apply theoretical concepts acquired the analysis and realization from liquidation and distribution of the estate teachers support the students in their self-study and guide students in solving practical examples inspired by real life and forensic practice.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYes 
Balanced decision makingYesYes
Ethical and responsible behaviourYesYes
Information and learning managementYesYes
Problem Analysis and AssessmentYes 
Problem-solvingYesYes
Written and verbal communications skillsYesYes
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