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General Theory of Civil Law 2017/2018

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

Objectives

It is intended that the student is able to:
1. Identify the functions, the fundamental principles and sources of civil law
2. Understand the legal relationship and its elements highlighting the legal business
3. Understand the importance of juridical personality and legal capacity. Knowing the basic rules of minority schemes, interdiction, inability and absence
4. Have very familiar for the acquisition and transmission of legal rights
5. Understand and distinguish the conditions of formation and validity of legal transactions and recognize with certainty the causes and effects of its invalidity and ineffectiveness and its practical relevance

Recommended Prerequisites

Law Basic Principles

Teaching Metodology

It will be used: the lecture method; the inductive method; the case method and the socratic method. In lectures deductive strategies and inductive strategies will be used. The teaching of deductive type aims at constant exposure of program materials, orderly, coherent and systematic. This method is complemented by inductive method and the socratic method in which, besides the constant use of concrete examples, trying to contextualize the material taught with cases of life, be drawn to the formulation of questions, not only for specific answers, but also to stimulate student participation.
In practical classes inductive strategies will be used, trying to stimulate interest and critical thinking of students by involving them in the teaching/learning process for consolidating the concepts and basic legal institutions and will enable them to interpret the law and to solve practical cases.

Body of Work

I. 1. The function of law. The law in general. The rights in general
2. Definition, principles and functions of the private and civil law: legal equality, personal autonomy and protection of the weakest
3. Freedom and responsibility
4. The Division of private law in civil law and special private rights. The sources of civil law: the Civil Code of 1966. The sources beyond the Civil Code
II.1.The legal relationship and its elements. The content of the General Part within the systematization of the Civil Code
2. People in the legal sense. Things in the legal sense. Legal facts and legal transactions. Exercise and protection of legal rights
3. The legal rights. The acquisition and transmission. The abuse of the right
III.1.Natural persons and legal persons
2.Personality and legal capacity
3.The negotiating disabilities
IV.1.The legal facts and legal transactions. The formation of contracts. The legal ineffectiveness

Recommended Bibliography

HÖRSTER, Heinrich Ewald, A Parte Geral do Código Civil Português. Teoria Geral do Direito Civil, Almedina, Coimbra 2016 (reimpressão)

Complementary Bibliography

MOTA PINTO, Carlos Alberto, Teoria Geral do Direito civil, 4.ª edição, Coimbra Editora, 2012 (reimpressão)
ANDRADE, Manuel António Domingues de, Teoria Geral da Relação Jurídica, Volumes I e II, Almedina 1974, última reimpressão
PIRES DE LIMA – ANTUNES VARELA, Código Civil Português Anotado, com a colaboração de Henrique Mesquita, 4.ª edição, Coimbra Editora 1987, última reimpressão
VASCONCELOS, Pedro Pais de, Teoria Geral do Direito Civil, 7.ª edição, Almedina, Coimbra, 2012

Weekly Planning

1 Lecture: Presentation. Methodology. Evaluation system. Literature and study material
2 Lecture: Introduction: the role of law. The right goal in general. The individual right in general
Practical class 1: Presentation. Introduction
3 Lecture: Notions, principles and functions of the private and civil law. The principles of legal equality, personal autonomy and protection of the weakest. Freedom and responsibility
Practical class 2: Practical application of the function of law, the right objective and the subjective right
4 Lecture: the Portuguese civil law sources. The Civil Code of 1966 and its systematization. Reference to sources beyond the Civil Code. The legal relationship. The elements of the legal relationship. The contents of the General Part. People in the legal sense (subject of the legal relationship). Things in the legal sense (objects of legal relationship).
Practical class 3: Practical application of the fundamental principles of civil law
Lecture 5: The legal facts (origins of the legal relationship and its evolution). Exercise and rights protection (guarantee of legal relationship). The individual right. Various individual rights. The acquisition and broadcasting rights. The abuse of law.
Practical class 4: Practical application of the systematization of the Civil Code of 1966, the sources of civil law, the contents of the General Part. People in the legal sense
6 Lecture: Individuals: personality and state of the person, legal capacity and capacity to act
Practical class 5: Practical application of the rules on individual rights and their acquisition and transmission. Resolution of cases
7 Lecture: The negotiating disabilities: enjoyment of disability and inability to exercise. The minority. Bans and disqualifications
Practical class 6: Practical application of the rules regarding legal personality, legal capacity and capacity to act (negotiations and tortious)
8 Lecture: Legal facts and legal transactions
Practical class 7: Resolution of case studies on negotiation disabilities
9 Lecture: The conclusion of the contract. Representation
Practical class 8: Relevance of the classification of legal facts and legal transactions
10 Theoretical: Conclusion of the subject of the previous summary.
Practice 9th: Intermediate test
11 Lecture: The ineffectiveness (in restricted and broad) of the transaction; the deals concluded in breach of the law
Practice 10: Correction of the intermediate test and resolution of practical cases on the conclusion of the contract and representation
12 Lecture: Differences between will and negotiate, particularly with regard to misrepresentation and simulation
Practical class 11: Resolution of case studies relating to ineffective business and entered into contrary to law
13 Lecture: The vices of the will, including the error of the regime on the grounds and deceit
Practical class 12: Resolution of case studies about the misrepresentation and simulation
14 Lecture: The system of nullity in general and the consequences of nullity
Practical class 13: Resolution of case studies relating to the will addictions
15 Lecture: Review of scheduled and subjects taught
Practical class 14: Resolution of case studies on the effects of invalidity and general reviews

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

- To identify the functions and sources of civil law and understand its general principles and institutions, the syllabus are set out in Chapter I
- To understand the legal relationship (elements and structure), the legal transaction, the matter contained in the General Part and the systematization of the Civil Code, the contents are set out in Chapter II
- To understand the importance of juridical personality and legal capacity, the rules of minority schemes, interdiction, inability and absence, the contents are set out in Chapter II
- To have secure knowledge of the acquisition and transmission of individual rights, understand and distinguish the conditions of training and validity of legal transactions and recognize with certainty the causes and effects of its invalidity and ineffectiveness and its practical relevance, the contents are in Chapter IV

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

The lecture method, complemented by inductive methods and Socratic method, achieves the following goals:
1.º Identify the functions, the fundamental principles and sources of civil law
2.º Understand the legal relationship and its elements highlighting the legal business
3.º Understand the importance of juridical personality and legal capacity. Knowing the basic rules of minority schemes, interdiction, inability and absence

4.º Have very familiar for the acquisition and transmission of individual rights
5. Understand and distinguish the conditions of formation and validity of legal transactions and recognize with certainty the causes and effects of its invalidity and ineffectiveness and its practical relevance
The inductive method and the case method allows you to:
1.º Know and apply the principles of private law, understand the system of legal facts and the ineffectiveness and invalidity of the transaction and, above all
2.º solve practical cases

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Balanced decision makingYesYes
Ethical and responsible behaviourYesYes
Event organization, planning and managementYesYes
Problem Analysis and AssessmentYesYes
Problem-solvingYesYes
Written and verbal communications skillsYesYes
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