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Sucession Law 2017/2018

  • 6 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

At the end of the unit, students should be able to identify the main problems that arise in this area and know and apply the rules of law governing them, namely:
- Understand the notion of succession, its scope and features
- Identify the concepts of modes of succession designation
- Understand imperative succession and contractual succession, testamentary succession and legal subsidiary succession, distinguish the succession designation by object, namely, the status of the heir and of the legatee, know the time and place of the opening of succession, the notion and requisites of succession vocation , grasp the concept of capacity to succeed, distinguish vocation modalities, understand the phenomenon of inherited acquisition, master heritage management rules and the issue of inheritance disposal, apply concepts acquired to carrying out the liquidation and distribution of the estate operations.

Recommended Prerequisites

Grasp of materials taught in General Theory of Law, Property Law, Torts and Family Law.

Teaching Metodology

The teaching method adopted in this course favors autonomous research and study on the part of the student of the subjects taught in class. In practical lessons, students will be encouraged to solve, practical exercises inspired by real life and forensic practice with the help of the teachers.

Body of Work

I. Introduction
Notion of succession
Scope
Characteristics of Succession Law
II - Designation
Concept and modalities of succession designation
The succession designation according to the source: imperative, contractual succession, testamentary and subsidiary
The succession designation by object. The status of the heir and of the legatee. A quota replacement.
III - The succession phenomenon.
The opening of succession
The succession vocation
The inherited acquisition.
The management of heritage
The sale of the estate.
Liquidation and settlement operations

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, Coimbra, Coimbra editora, 2000. ISBN 9789723209327
SOUSA, R. Capelo de – Lições de Direito das Sucessões, Vol. I, 4ª ed. Coimbra, Coimbra Editora, 2012. ISBN 9789723221251
SOUSA, R. Capelo de - Lições de Direito das Sucessões, Vol. II, Coimbra, Coimbra Editora, 2013. ISBN 9789723221268
COELHO, F. M. Pereira – Direito das Sucessões, edição policopiada, Coimbra, 1992
CORTE-REAL, Carlos Pamplona – Curso de Direito das Sucessões, Quid Juris, 2012. ISBN 9789727245994
DIAS, Cristina M. Araújo - Lições de Direito das Sucessões, Almedina, 2012. ISBN 9789724049519
LIMA, Pires de e Varela, J. Antunes – Código civil Anotado, Vol. VI, Coimbra, Coimbra Editora.
TELLES, Inocêncio Galvão - Sucessões - Parte Geral, Coimbra, Coimbra Editora, 2004. ISBN 9789723212396

Weekly Planning

THEORY
1- Introduction, Methodology, Bibliography
2 - Succession: notion, scope and characteristics. The succession option: concept, modalities
3 - The legitimize succession (Overview, successors legitimários
Calculation of legitimate, Quotas of legitimate, legitimate Intangibility)
4 - The succession legitimize (continued): item; reduction
5 - The contractual succession (Modalities of succession pacts
Pacts as designating succession, The anomalous contractual succession)
6 - testamentary succession (Concept and characters of the will, Formal requirements; requirements materials; Testament Interpretation, Integration of gaps, testament Content, broad sense Ineffectiveness of the will).
7 - The legal succession; The succession designation by object: the status of the heir and legatee; the legacy instead of legitimate and inheritance ex re right; the legal status of the heir and legatee
8 - The opening of the succession: time, place; The succession vocation notion assumptions. The capacity to inherit and unworthiness and disinheritance
9 - calling modes: original vocation and subsequent, pure vocation, conditional, forward and modal, one and multiple calling, direct and indirect vocation (the right of representation, the right to accrue, the direct replacement)
10 - The immediate vocation is derived; Distinction between the transmission of the right to succeed and the right to representation
11 - The common and abnormal calling; The inherited acquisition: estate in abeyance; acceptance and rejection
12 - Acceptance and rejection (continued); The management of heritage
13 - The sale of the inheritance; The settlement of inheritance and sharing
14 - Test
15 - Conclusion of matter
PRACTICES
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
11 - Test Correction
12 - The collation; The right of representation and the transmission of the right to succeed: case studies
13 - Conducting a complete sharing: case studies
14 - Reviews; case studies
15 - Test Correction

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

The contents are shown structured to enable understanding of the matter and encourage independent learning processes. by the students.
Students will be able to
- To include the concept of succession, its scope and characteristics, identify the concepts of modes of succession designation; to understand legitimize succession, the contractual succession, testamentary succession and inheritance rights through the study of Chapter I of the Program
- To distinguish the succession designation by object through the exhibition, study and analysis of Chapter II
- To know the time and place of opening of the succession, perceive the notion of succession and related assumptions vocation and grasp the concept of succession capacity and still meet the vocation modalities, to understand the phenomenon of inherited acquisition, master the rules of administration, disposal, liquidation and distribution of the estate through the study and exhibition of Chapter III.

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 materials, allowing the student to have a view of the legal doctrine of each institute, but also have the opportunity (in practical classes) to envision and apply learned concepts to fictional situations. In order for the student to be able to identify the main problems one is faced with in this area and to know and apply the rules of law governing them, to understand the notion of succession, its scope and features of the succession phenomenon, and to identify the concepts of modes of inheritance designation lectures will serve as a means of introducing the subject and must be complemented with parctical classes, autonomous study and research. In order to understand legal imperative sucession and the concepts of allocation and reduction, the contractual, testamentary succession, and legal subsisidary succession, to distinguish succession designation by object, namely, distinguish bertween heir and legatee, a problem-based learning method will be used in practical classes, which will complement the materails presented in lectures. So that the student can identify the time and place of opening of the succession, perceive the notion of succession vocation and its requisites; Grasp the concept of succession capacity and discriminate between the figures of unworthiness and disinheritance; Distinguish between vocation modalities and differentiate the original and subsequent, pure, conditional and modal, sole and multiple, immediate and derivative, common and anomalous modes of vocation; Discriminate between the transfer of the right to succeed and representation, and understand the notions of acceptance and rejection, teachers will explain the subjects and encourage analysis and discussion in class, and will also examine practical examples and interrogate students. In order to allow students to master the rules of the heritage administration; understand the issue of inheritance disposal; apply theoretical concepts acquired the analysis and conduct of the liquidation and distribution of the estate operations, teachers support the students in their autonomous 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
Adapting to new situationsYes 
Analytical and synthetic skillsYesYes
Balanced decision makingYes 
Commitment to effectivenessYes 
Commitment to qualityYesYes
Ethical and responsible behaviourYesYes
Event organization, planning and managementYes 
Information and learning managementYesYes
Problem Analysis and AssessmentYesYes
Problem-solvingYesYes
Relating to othersYes 
Research skillsYes 
Self-assessmentYes 
Written and verbal communications skillsYesYes
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