How to find us
|
Contacts

Property Law 2017/2018

  • 6 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

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.

Recommended Prerequisites

Introduction to Law
General Theory of Civil Law I
General Theory of Civil Law II

Teaching Metodology

Oral exposition using, whenever necessary, jurisprudential examples.

Body of Work

I-INTRODUCTION AND GENERAL PRINCIPLES
1. Concept of rights over things
2. Characteristics
2.1. Absolute efficacy
2.2. Sequel
2.3. Prevalence
3. Principles
3.1. Speciality
3.2. Transferability
3.3. Consensuality
3.4. Publicity
3.5. Registration as instrument of publicity
4. Classification of rights concerning things.

II–POSSESSION
5. Characterization
6. Characters
7. Acquisition and loss
8. Accession and conservation
9. Juridical tutelage
10. Effects

III–PROPERTY
11. Characterization
12. Limitations
13. Ways of acquirement
14. Defense
15. Extinction
16. Co-ownership: characterization and legal system
17. Horizontal property: characterization and legal system

IV–LIMITED RIGHTS OVER THINGS
18. Usufruct
19. Use and habitancy
20. Surface
21. Appurtenant easement
22. Real periodic right of habitancy
23. Real rights of acquisition
24. Real rights of guarantee

Recommended Bibliography

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

Complementary Bibliography

a) generalistic
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
b) monographic
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

Weekly Planning

Theoretical classes:

1st week
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.

2nd week
I – Introduction and general principles
References to historic evolution
Concept of right over things
Characteristics of rights over things
Structuring principles of property law

3rd week
Structuring principles of property law (continuation and conclusion)
The real estate registration as a mean of publicity

4th week
Brief reference to the rules of real estate registration; the protection of “thirds”

5th week
Classification of rights over things
Classification of things

6th week
II – Possession
Nature and conceptions of possession
Characteristics e effects of possession

7th week
Acquisition and loss of possession
The defense of possession

8th week
III – Property
Characterizations and limitations of property
The modes of property’s acquisition
Modes of original acquisition

9th week
Modes of derivative acquisition
Transmission of property by businesses concluded between living

10th week
Defense of property
Extinguishment of property

11th week
Real estate property
Property of waters (brief reference)

12th week
Co-ownership
Horizontal property

13th week
IV – Limited rights over things
Limited rights of enjoyment
Limited rights of acquisition

14th week
Limited rights of guarantee

15th
Final reflexions and


Practical classes:

1st week
Deepening fo the concept and characteristics of rights over things.

2nd week
Explanation of the practical slope of rights over thing’s characteristics.

3rd week
Presentation of several practical cases concerning sequel and prevalence using jurisprudence.

4th week
Practical application of the rights over things’ principles: practical cases and jurisprudence.

5th week
Registration in rights over things’ practice: practical cases, doctrine and

6th week
Possession: review of its concept, characters e modes of acquisition aiming for future resolutionn of practical cases.

7th week
Resolution of practical cases concerning possession, with presentation of jurisprudence whenever necessary.

8th week
Idem.

9th week
Concept and characteristics of property and their practical projection.

10th week
Resolution of practical cases about property and restrictions to it, referring to jurisprudence.

11th week
Various references to co-ownership, complemented with practical cases and jurisprudence.

12th week
Various references to horizontal property, complemented with practical cases and jurisprudence.

13th week
Limited rights over things, essentially in a practical perspective.

14th week
The real rights of guaranteee in a practical perspective; resolution of practical cases and analysis of jurisprudence.

15th
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 skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Adapting to new situationsYes 
Analytical and synthetic skillsYesYes
Commitment to effectivenessYes 
Commitment to qualityYes 
CreativityYes 
Ethical and responsible behaviourYes 
Event organization, planning and managementYes 
Foreign language proficiencyYes 
Initiative and entrepreneurship capabilityYes 
Problem Analysis and AssessmentYesYes
Problem-solvingYesYes
Relating to othersYes 
Research skillsYesYes
Self-assessmentYes 
Understanding multiculturalism and valuing diversityYes 
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.