How to find us
|
Contacts

Leasing and Real Estate Management 2017/2018

  • 4 ECTS
  • Taught in Portuguese
  • Continuous Assessment

Objectives

Identify the legal system and its application;
Recognize the legislative and legal headquarters species Urban Lease and the fundamental rules of PH and adm. cond;
-to identify elements, assumptions, form and content of AU agreement;
Recognize the contents of A.U relationship .;
To explain all the facts that can determine changes in AU and recognize the respective reg. jur ..
-distinguir all cessation causes of AU relationship and respective reg. jur ..
-describe the adjective aspect of the AU extinction
- Define and describe the rights and obligations of joint owners, the adm bodies. cond.e the rights and duties of adm. the condominium;
- Explain the decision-making process within the cond assembly. and respective events;
Recognize the various methods for resolving conflicts;
- Develop critical analysis and reasoning capacity.

Recommended Prerequisites

Realization of the courses General Theory of Civil Law, Law of Obligations I and Property Law

Teaching Metodology

To comply with the required in curriculum development and to meet the proposed objectives, are followed different methodologies of teaching / learning. The lecture is not waived where the debate of ideas and the expression of well-founded opinion is a constant, with the analysis and critique of law, judgments and other documents. Alongside the legal resolution of problems posed allows a very close contact with the reality of work and the difficulties and steps that are being overcome in a real context through case studies. Accompanying this process encourages the student to research and promotes up your self-studt.

Body of Work

PART I - LEASE
Introduction
I - LEASE AGREEMENT
1.Noção cool
2.Distinção between leasing and rental.
3. Legislative developments - NRAU
fundamental 4.Características
5. Key Effects
6. Transmission
7.Extinção
8.Aspeto adjective
PART II - REAL ESTATE MANAGEMENT
REAL ESTATE MANAGEMENT IN HORIZONTAL PROPERTY
1. The horizontal property
2. ownership of the common areas
3. The Condominium
4. condominium management bodies
5. The decisions of the apartment owners
6. Duties of management and apartment owners
7. Conflict resolution

Recommended Bibliography

COLAÇO, Amadeu, Reforma do Novo Regime do Arrendamento Urbano, 7.ª Edição, Coimbra, Almedina, ISBN 9789724059709, 2015
MARTINS, Manteigas e outros - Novo Regime do Arrendamento Urbano - Anotado e Comentado 4ª Edição revista e aumentada, Porto - Vida Económica, 2015
MENEZES LEITÃO, Luís Manuel Teles de - Arrendamento Urbano. Coimbra: Almedina. 2013
FRANÇA PITÃO, José António - Propriedade Horizontal. Coimbra: Livraria Almedina. 2007.

http://www.portaldahabitacao.pt/pt/portal/index.jsp
http://www.portaldahabitacao.pt/pt/ihru/

Complementary Bibliography

FURTADO, Jorge Henrique da Cruz Pinto - Manual do Arrendamento Urbano Vol. I. 5.ª ed. revista e actualizada. Coimbra: Livraria Almedina. 2009.
Manual do Arrendamento Urbano Vol. II. 5.ª ed. revista e actualizada. Coimbra: Livraria Almedina. 2011.
GARCIA, Maria Olinda - Arrendamento Urbano Anotado - Regime Substantivo e Processual (Alterações Introduzidas pela Lei N.º 31 de 2012). Coimbra: Coimbra Editora. 2013.
Luís Menezes Leitão – Direito das Obrigações III, Contratos em Especial. Coimbra: Almedina. 2014
Direito das Obrigações, Vol. III, 9.ª ed. Coimbra: Almedina. 2014.

Weekly Planning

1st Week
Presentation.
General considerations on the study plan.
Bibliographical references.
Considerations and useful insight into the teaching methodology and the evaluation method.

2nd Week
INTRODUCTION.
1. Legal Notion.
2. The distinction between leasing and rental.
3. Legislative developments - NRAU.
Historical development of the legal regime of the Urban Lease contract.
Current legislative seat of the Urban Lease contract.
Legal species Urban Lease.
Regulatory standards of the Urban Lease contract.

3rd Week
4. Key Features:
Constitutive legal facts of the Urban Lease relationship. different contract.
Ability to give and take of lease.
And to give legitimacy to lease.
Resolution of case studies on the establishment of the Urban Lease relationship, capacity and legitimacy of the parties, form and duration of the contract.

4th Week
Specific elements of the Urban Lease contract.
Form of Urban Lease contract.
Procedural defects.
Lease of the content and requirements that govern your celebration.
Term Invalidity Urban Lease contract.
Resolution of practical cases (Case study, analysis and criticism of law, judgments and other documents).

5th Week
5. essential effects:
Landlord's obligations.
Delivery obligation - vices in the thing and the right.
Obligation of repairs - regime of roadworks.
Obligation to pay charges - system of charges.
Preferably obligation - Pre-emption rights under the lease.
Resolution of practical cases (Case study, analysis and criticism of law, judgments and other documents).

6th Week
Obligations of the lessee.
Obligation to pay the rent.
Place of income payment.
Moment of income payment.
Anticipation of income.
Update income.
Update income in leases entered into before the entry into force of NRAU.
Mora's tenant. Its effects.
Lace tank.
Guaranteed income payment. The bail.
Other obligations
Resolution of case studies on the obligations of the tenant, in particular the income payment obligation (Case study, analysis and criticism of law, judgments and other documents).

7th Week
Revisions taught matter.
Realization of the 1st Test.

8th Week
6. Transmission:
Lordship position of the transmission.
Transmission tenant position.
Assignment of the contractual position.
Subletting.
Resolution of case studies on the transfer of the right to lease (Case study, analysis and criticism of law, judgments and other documents).

9th Week
Rental property set in rented premises.
Assignment of Lessee's position in the leases for the exercise of professional services.
The principle of communicability of the right to lease for housing.
Transmission to the spouse in case of divorce or legal separation of people and goods.
Transfer upon death of the tenant.
Tenant's death consequences in previous leases to NRAU.
Resolution of case studies on the transfer of the right to lease (Case study, analysis and criticism of law, judgments and other documents).

10th Week
7. Termination:
Cessation of causes. Terminology.
Imperative.
Contract termination.
Resolution.
Forfeiture.
Complaint.
Other causes of termination.
8. Aspect adjective.
Resolution of case studies on the transitional arrangements and the extinction of the Urban Lease relationship. (Case study, analysis and criticism of law, judgments and other documents).

11th Week
Theoretical:
PART II - REAL ESTATE MANAGEMENT
REAL ESTATE MANAGEMENT IN HORIZONTAL PROPERTY
Horizontal property
Ownership of the common areas
The Condominium
(Case study, analysis and criticism of law, judgments and other documents).

12th Week
Condominium management bodies.
(Case study, analysis and criticism of law, judgments and other documents).

13th Week
The deliberations of the joint owners
Duties of apartment owners
(Case study, analysis and criticism of law, judgments and other documents).

14th Week
Reviews of matter on which versa the 2nd test.
Realization of the 2 test.

15th Week
Condominium management duties.
Conflict resolution
(Case study, analysis and criticism of law, judgments and other documents).

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

The Introduction of Part I identifies the legal system and its application, and recognize the legislative and legal species.
The I Chapter allows identifying elements, assumptions, form and content of au contract, explain all the facts that can determine changes in the au and recognize the respective legal regime.
The ChapterI, Point7, distinguishes all cessation causes of au ratio, and respective legal regime. ChapterI Point8 describes the au extinction of the adjective aspect PartII allows to know the fundamental rules of PH and adm. cond; define and describe the rights and obligations of joint owners, the adm bodies. cond.e the rights and duties of adm. the condominium; explain the decision-making process within the assemb.de cond. and respective events; recognize the various methods for resolving conflicts; develop critical analysis and reasoning skills and apply and analyze the acquired knowledge.

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

For all learning objectives is used the lecture method with brainstorming and well-founded opinion of expression, is resorting to the analysis and critique of law, judgments and other documents. So that the student is able to identify the elements, the assumptions, the form and content of the AU; recognizing its contents and explain all the facts that can determine changes distinguish all cessation causes of the AU and the respective regime, describe the adjective aspect and define and describe the ownership of the common areas, condominium, adm organs Cond., the deliberations of the joint owners, the duties of management and the apartment owners and conflict resolution refers to the legal problem solving. For the application and analysis of acquired knowledge is used the case study methodology.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYesYes
Problem-solvingYesYes
Written and verbal communications skillsYesYes
This website uses cookies to provide better functionality and for performance measurements (European Union Directive 2009/136/EC)
Please take a few minutes do answer a few quick questions about our website.