Property Law 2017/2018
- 6 ECTS
- Taught in Portuguese
- Final Assessment
- relevant skillset
The student is demanded to be able to:
- understand the nature and characteristics of property law;
- identify the objects of rights concerning property;
- know the dynamics related with the constitution and transmission of rights concerning property;
- identify the different types of rights concerning property;
- understand the importance of the distinction between possession and rights over things (especially property) and achieve the specific characteristics that identify the possessory phenomenon and its importance in Portuguese law;
- know the structuring characteristics of the several types of rights concerning things: a) property right; b) other enjoyment rights; c) rights of guarantee over things; d) rights of acquisition;
- qualify the dominial situations;
- solve concrete problems concerning possession and the other rights over things.
Introduction to Law
General Theory of Civil Law I
General Theory of Civil Law II
Oral exposition using, whenever necessary, jurisprudential examples.
Body of Work
I-INTRODUCTION AND GENERAL PRINCIPLES
1. Concept of rights over things
2.1. Absolute efficacy
3.5. Registration as instrument of publicity
4. Classification of rights concerning things.
7. Acquisition and loss
8. Accession and conservation
9. Juridical tutelage
13. Ways of acquirement
16. Co-ownership: characterization and legal system
17. Horizontal property: characterization and legal system
IV–LIMITED RIGHTS OVER THINGS
19. Use and habitancy
21. Appurtenant easement
22. Real periodic right of habitancy
23. Real rights of acquisition
24. Real rights of guarantee
Álvaro Moreira/Carlos Fraga, Direitos Reais, segundo as prelecções do Prof. C. A. da Mota Pinto, Almedina, Coimbra 2010 (main)
Luís Manuel Teles de Menezes Leitão, Direitos Reais, 4th edition, Coimbra, 2013
Rui Pinto Duarte, Curso de Direitos Reais, Principia, 3rd edition, Parede 2013
Orlando de Carvalho, Direito das Coisas, Coimbra 2012
A. Santos Justo, Direitos Reais, 4th edition, Coimbra, 2012
Luís A. Carvalho Fernandes, Lições de Direitos Reais, 6th edition(reprint), Lisboa 2010
José Oliveira Ascensão, Direito Civil – Reais, 5th edition, Coimbra 2012 (not available)
José Alberto C. Vieira, Direitos Reais, Coimbra 2008
José Oliveira Ascensão, Direito Civil – Reais, 5th edition, Coimbra 2000 (not available)
Pires de Lima / Antunes Varela (com a colaboração de Henrique Mesquita), Código Civil Anotado, Volume III, 2nd edition, Coimbra 1987
Luís Miguel Pestana de Vasconcelos, Direito das Garantias, 2nd edition, Coimbra 2013
Durval Ferreira, Posse e Usucapião, 3rd edition, Coimbra 2008
Maria Isabel Menéres Campos, Da hipoteca, caracterização, constituição e efeitos, Coimbra 2003
Durval Ferreira, Posse e Usucapião, 3rd edition, Coimbra 2008
Manuel Henrique Mesquita, Obrigações Reais e Ónus Reais, Coimbra 1990
Presentation of the curricular unit’s contents (rights over things as a branch of patrimonial Civil Law); reference to bibliography and further study elements; teaching and method of kwowledge evaluation.
I – Introduction and general principles
References to historic evolution
Concept of right over things
Characteristics of rights over things
Structuring principles of property law
Structuring principles of property law (continuation and conclusion)
The real estate registration as a mean of publicity
Brief reference to the rules of real estate registration; the protection of “thirds”
Classification of rights over things
Classification of things
II – Possession
Nature and conceptions of possession
Characteristics e effects of possession
Acquisition and loss of possession
The defense of possession
III – Property
Characterizations and limitations of property
The modes of property’s acquisition
Modes of original acquisition
Modes of derivative acquisition
Transmission of property by businesses concluded between living
Defense of property
Extinguishment of property
Real estate property
Property of waters (brief reference)
IV – Limited rights over things
Limited rights of enjoyment
Limited rights of acquisition
Limited rights of guarantee
Final reflexions and
Deepening fo the concept and characteristics of rights over things.
Explanation of the practical slope of rights over thing’s characteristics.
Presentation of several practical cases concerning sequel and prevalence using jurisprudence.
Practical application of the rights over things’ principles: practical cases and jurisprudence.
Registration in rights over things’ practice: practical cases, doctrine and
Possession: review of its concept, characters e modes of acquisition aiming for future resolutionn of practical cases.
Resolution of practical cases concerning possession, with presentation of jurisprudence whenever necessary.
Concept and characteristics of property and their practical projection.
Resolution of practical cases about property and restrictions to it, referring to jurisprudence.
Various references to co-ownership, complemented with practical cases and jurisprudence.
Various references to horizontal property, complemented with practical cases and jurisprudence.
Limited rights over things, essentially in a practical perspective.
The real rights of guaranteee in a practical perspective; resolution of practical cases and analysis of jurisprudence.
Reviews and clarifications.
Demonstration of the syllabus coherence with the curricular unit's objectives
To proposed objectives correspond the following programmatic contents: - To understand the nature and characteristics of rights over things (Points 1. and 2. of the Programmatic Contents); - Knowledge of the dynamics related to the constitution and transmission of rights over things (Point 3.); - To know the different types of rights over things; - To identify the object of rights over things (Point 4.); - To understand the difference of distinction between possession and right over things (especially property) and to grasp the specific characteristics which identify the possessory phenomenon (Point 5.); characteristics of the several types of rights over things: a) property and its several modes; b) other rights of enjoyment of things; c) limited real rights of guarantee (Pontos 2. and 4. a 22.).
Demonstration of the teaching methodologies coherence with the curricular unit's objectives
The expository method will allow: - To understand the nature and characteristics of rights over things; - To characterize the object of rights over things; - To know the dynamics related to the constitution and transmission of rights over things; - To identify the structuring characteristics of the various types of rights over things; - To grasp the specific elements that identify the possessory phenomenon and to understand this one’s importance. The analytic and casuistic method will allow: - To interpret the legal concepts related to the curricular unit in a practical perspective; - To characterize the different domainial situations and their legal regulation in national law; - To evidence the practical importance of the institute of possession in Portuguese system; - To solve practical cases concerning possession and rights over things, namely turning to judicial decisions, in order to apply the studied regime.
|relevant generic skill||improved?||assessed?|
|Achieving practical application of theoretical knowledge||Yes||Yes|
|Adapting to new situations||Yes|
|Analytical and synthetic skills||Yes||Yes|
|Commitment to effectiveness||Yes|
|Commitment to quality||Yes|
|Ethical and responsible behaviour||Yes|
|Event organization, planning and management||Yes|
|Foreign language proficiency||Yes|
|Initiative and entrepreneurship capability||Yes|
|Problem Analysis and Assessment||Yes||Yes|
|Relating to others||Yes|
|Understanding multiculturalism and valuing diversity||Yes|
|Written and verbal communications skills||Yes||Yes|