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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:
I - identify and understand the fundamental principles of civil law;
II - explain and develop the subject of the legal relationship, the object and legal fact, in particular the legal transaction.

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

PART I General Theory of the Civil Legal System CHAP 1 – Sources of Civil Law: CHAP. 2 – Fundamental Principles of Civil Law. PART II - General Theory of the Legal Relationship A) Preliminary considerations. B) Subjects I- Natural persons Cap. II Legal persons C) Object of legal relationship Chapter I Modalities and possible objects Chapter II Things and patrimony D) Legal Fact Chapter I Concept and classification Chapter II Legal business: concept and elements; classifications; essential elements of the legal business; the negotiation statement; interpretation and integration; the divergence between will and statement (simulation, mental reserve, non-serious statements, physical or absolute coercion, lack of awareness of the declaration, error in declaration); vices of will (error-addiction, dolo, moral or relative coercion, state of necessity and other situations, accidental incapacity); representation; the negotiating object; accidental elements of legal business; ineffectiveness

Recommended Bibliography

PINTO, Carlos Alberto da Mota, Teoria Geral do Direito Civil, 4ª ed., por António Pinto MONTEIRO e Paulo Mota PINTO, Coimbra: Coimbra Editora, 2005

Complementary Bibliography

HÖRSTER, Heinrich Ewald, A Parte Geral do Código Civil Português. Teoria Geral do Direito Civil, Almedina, Coimbra 2016 (reimpressão)
ASCENSÃO, José Oliveira, Direito Civil - Teoria Geral, vols. I, II, III, Coimbra: Coimbra Editora, 2000, 2003, 2002.
FERNANDES, Luís Carvalho, Teoria Geral do Direito Civil, 6.ª ed., Vol. I (2012), Vol. II, 5.ª ed.(2010), Lisboa: Universidade Católica, 2012.

Weekly Planning

1 - Lecture: General guidance on the syllabus, the methodology of lessons and assessment of knowledge. Bibliography. Introduction
Practical class: Practical application of the scope, sources and branches of law
2- Lecture: Principles fundamental of Civil Law
Practical class: Practical application of fundamental principles of Civil Law
3 - Lecture: General theory of civil law: preliminary
Practical class: Practical application of the concept, structure and elements of the legal relationship

4 - Lecture: General Theory of the Subject of Legal Relationship. Individuals: legal personality and personality rights
Practical class: Resolution of case studies on legal personality and personality rights
5 - Lecture: Negotiating capacity of enjoyment and exercise; related outages
Practical class: Resolution of case studies about disabilities and related outages

6 - Lecture: Incapacities (conclusion); marital illegitimacies; and other situations
Practical class: Resolution of case studies about incapacity and marital illegitimacies

7 - Lecture: The legal persons: notion, elements, capacity and civil liability
Practical class: Practical application of legal persons

8 - Lecture: RJ Object- General Theory: preliminary notions; things and property
Practical class: Practical application of object of legal relationship and patrimonies concepts

9 - Lecture: General Theory of Legal Fact: concept and classifications; rights acquisition, modification and termination of legal relationship
Practical class: Appreciation, discussion and resolution of case studies about the exceptions to the principle "Nemo plus iuris ...”

10 - Lecture: the legal business and simple legal act: concept and elements; classifications of legal business; elements of the legal transaction; capacity and legitimacy; the negotiating statement: notions, modalities; interpretation and integration of legal business
Practical class: Practical application of legal business classifications and the negotiating statement

11 - Lecture: The intentional and unintentional divergences between the will and the declaration
Practical class: Resolution of case studies about divergences

12 - Lecture: The vices of the will
Practical class: Resolution of case studies about vices of the will

13 – Lecture: Voluntary representation in legal businesses; the business object; the problem of changed circumstances
Practical class: Resolution of case studies about the whole matter

14 – Lecture: Accidental elements of legal business; the ineffectiveness or invalidity of legal business
Practical class: Resolution of case studies and reviews of all the taught matter

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

The objective I is consistent with the syllabus of Part I entitled General Theory of Civil Legal System, which is divided in the following two chapters: Chapter I - Civil Law Cap Sources II - Fundamental Principles of Civil Law; the objective II is consistent with the syllabus of Part II, entitled: General Theory of Legal Relationship, that includes: A) Preliminary considerations B) Subjects of legal relationship C) Object of legal relationship D) Legal Fact.

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

The methodologies of lecture and inductive education are consistent with the objective I. The methods of inductive and socratic education are consistent with the objective II.

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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