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Real Estate and Commercial Registry 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

General objectives of the UC:
1. Understand the role of registries as instruments at the service of substantive law and of the real estate legal trade
2. Understand the main registration systems;
UC specific objectives
3. To characterize the registered principles;
4. Distinguish which facts are subject to registration and among which the facts subject to mandatory registration;
5. To know how to organize a registration process, knowing in particular which documents are necessary for the registration of the respective facts, whether they relate to land registration or commercial registration, as well as the procedure to be adopted for the supply of deficiencies,
6. Analyze the vices of the registry;
7. Know the acts of registration: descriptions, inscriptions and endorsements.
8. Distinguish between cases of formal publicity.
9. Understand the essential rules of the processes for supplying and rectifying registries and challenging decisions

Recommended Prerequisites

Contract law, Succession law, property law

Teaching Metodology

1.Expositive method:lecture of the syllabus followed by the presentation of pratical powerpoints, guided reading text.
2.Interrogative method: direct and open questions are asked, statements are made to comment, some are wrong, with the purpose of stimulating in the student the critical spirit
3.Active method: solving practical questions.

Body of Work

1. LAND REGISTRATION:
1.1 Purposes and functions of the registration.
1.2 Principles of register
1.3 Register vices
1.4 Register process
1.5 Termination of the effects of registration.
1.6 The property description, the inscription and endorcements
1.7 Publicity and means of proof.
1.8 Challenging Conservative Decisions.
1.9 The cost of the acts.

2. COMMERCIAL REGISTRATION:
2.1 Purposes of registration.
2.2 Facts subject to registration and mandatory registration.
2.3 he registration and registais inscriptions.
2.4 Registered principles.
2.5 Registration process.
2.6 Publicity and means of proof.

Recommended Bibliography

GUERREIRO, J. A. Mouteira – Temas de Registos e de Notariado; Coimbra, Almedina, 2010, ISBN 9789724041186
FIGUEIREDO, David Martins Lopes – Titulação de Negócios Jurídicos sobre Imóveis – Em Especial Por Documento Particular Autenticado; Coimbra, Almedina, 2015, 2.ª Edição – Reimpressão, ISBN 9789724056395
GUERREIRO, J.A.Mouteira - Ensaio sobre a Problemática da Titulação e do Registo à Luz do Direito Português; Coimbra, Coimbra Editora, 2014, ISBN 9789723222197
JARDIM, Mónica - Escritos de Direito Notarial e Direito Registal; Coimbra, Almedina, 2015, ISBN 9789724060224.
MENDES, Isabel Pereira - Código do Registo Predial, Anotado e Comentado com Diplomas Conexos;; Coimbra, Almedina, 2009, ISBN 9789724038070.

Complementary Bibliography

Papers and texts on the subjects taught and delivered by teachers.

Weekly Planning

THEORETICAL AND PRACTICAL CLASSES
1
Theoretical
Presentation. The UC program. Bibliography. Registration advertising. The advertising and security purposes of the real estate legal trade. The background of the current registration. Real folio and personal folio systems.

2
Theoretical
The Land Register and its functions: publicizing the rights and security of the real estate legal trade. Main registration systems. The purpose of registration: Articles 2 and 3 of CRPred. The first paragraphs of article 2, paragraph 1.
Practice
Organization of registration. Territorial jurisdiction. Documentary supports and archive. Diary and registration forms. Ordering the chips. Real and personal verbs. Document archive. Documents provisionally filed. Articles 22, 23, 24, 26 and 27.

3
Theoretical
The facts subject to registration. Explanation of article 2, paragraph 1 of CRPred. Paragraph 2 of this article. Actions and decisions subject to registration
Practice
The property description: mentions. Opening. Generic and subordinate descriptions. Principle of specialty. Description, matrix and register. Averbamentos to the descriptions. Special notes to descriptions.

4
Theoretical
Continuation of the explanation concerning article 3 of CRPred: the Pauline action; Precautionary measures. The action and the decision: Provisional and definitive records. Article 4 of CRPred. The declarative and constitutive system. The Portuguese system. The opposability: Article 5 of CRPred. The concept of third party in the light of article 5º artº 5º. The principle of priority. The "priority reserve" in the provisional and unduly refused registrations.
Practice
Matrix and toponymy references. Conjugation of registration, matrices and titles. Waiver of harmonization. Measurement error. Proof of the matrix situation. Toponymic changes.
Interim registrations by nature. Application requirements. Subscriptions to inscriptions
Articles 92, 93 and 95.

5
Theoretical
Continuation of the explanation of the principle of priority. The principles of presumption of truth and accuracy. The obligation to register. The 'exceptions'. Who should promote registration. Deadlines and penalties. The principle of operative legitimacy. Exceptions
Practice
Registration process:
Compulsory registration. Obligation to register. Deadlines to promote registration. Late fulfillment of the obligation to register.
Article 8a, 8b, 8c and 8d.
Application for registration. Legitimacy. Representation

6
Theoretical
The principle of legitimacy and that of successive treatment. The first and subsequent inscriptions. The queue part of number 4 of Article 34. The principle of the instance in Land Registry. The trades. Article 90 and Article 38. Article 97 (1). The principle of legality. The "identity of the building" and other requirements.
Practice
Application for registration: Modalities. Request face-to-face and by post. Elements of the application for registration.
Articles 36, 37, 38 and 39, 41, 41b, 41c, 41d and 42 CRPredial
Ordinance no. 621/2008, of July 18;
Ordinance no. 1535/2008, of December 30;

7
Theoretical
The application for registration. How it should be done and what modalities it can cover. The documents for registration. General, requirements and form. Supplementary declarations. The rectification case. Acquisition and mortgage before drawing the contract. The attachment.
Theoretical
Advertising and proof of registration. Public registration character. Purpose of the databases. Means of proof. Positive and negative certificates.
Articles 104, 110 to 112.
Provisional registration of acquisition before titling the contract - article 47;
Resolution of practical cases applying the principle of successive treatment / art. 34.

8
Theoretical
The qualification and the consequences: Definitive registration. Refusal: cases of refusal. Temporary registration due to doubts and provisional registration by nature. Some cases of provisional registration by nature.
Practice
Documentary evidence. Statements: main and complementary
Registration of acquisition in hereditary communion - Article 49

9
Theoretical
Provisional registrations by nature. Explanation of the successive paragraphs of paragraphs 1 and 2 of article 92. About al. A) of paragraph 2 relation with article 119. Explanation of the successive "steps" provided there. Paragraph (b) (2) and the elucidation of what are dependent and incompatible records. Sub-paragraph d) Paragraph 2 - Offices provided for in the successive paragraphs of article 92. The special deadlines for certain provisional registrations by nature
Practice
Attachment registration - article 48 and article 755 of the CPCivil;

10
Theoretical
The cessation of the effects of registration: transfer and extinction. The lapse; Special deadlines. The cancellation. The vices of the register: non-existence and nullity. The cases of al. B) and e) "in fine". The inaccuracy. The documentary supports. The records (electronic records) and their ordering by parishes and description numbers. The request and presentation. The documents: special cases.
Practice
Purposes of registration. Object. Registration Acts. Registration, registration and registration forms. Enrollment: for which it is intended. Opening. Content. Cancellation. Inscriptions: nature. Forms and registration: transcription and deposit - key features. Organization of registration. Record Principles. Compulsory registration. Facts subject to registration. Failure to comply with the obligation to register. Territorial jurisdiction.

11
Theoretical
Titles for registration: The attachment The acquisition by judicial sale and the unofficial action of the solicitor. Same as for the conversion of the attachment in mortgage. Acquisition in common and without determination of part or right. Legal and judicial mortgage. The burden of resignation. Precautionary actions and proceedings. The decisions. Land transformation operations. Cancellations of mortgages and pledge. Explanation of number 4 of Article 58.
Practice
Forms and registration: transcription and deposit - key features. Organization of registration. Record Principles. Compulsory registration. Facts subject to registration. Failure to comply with the obligation to register. Territorial jurisdiction.

12
Theoretical
The cancellation of provisional registrations. The description: its purpose. The opening of descriptions. The "omissos" buildings. Subordinate descriptions
Practice
Registration process: Legitimacy. Registration of facts related to shareholdings and their owners.
Articles 28 to 30 of the CRComercial
Art. 4 to 6 of RRComercial

13
Theoretical
The descriptions; Special cases; The deletion of descriptions. The inscriptions.
Practice
Registration process: Documentary evidence. Annotation of presentation. Rejection of presentation or application. Refusal of registration. Consequences. Supply of deficiencies.

14
Regime of the National Registry of Collective Persons: attributions / articles 1 to 3. Scope and form of inscription / arts 4 th to 12 th. Number and identification card / art. 13 to 15. Admissibility of signatures and names - principles of truth, novelty and exclusivity / articles 32 to 35. Certificate of admissibility of firm or denomination / articles 45 to 58.
Practice
Resolution of practical cases.

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

The objectives 1 and 2, being general objectives are achieved with the study of the entire program
With the study of sections 1.3 and 2.3 of the program concretized the objective 3.
The objective 4 is obtained with the study of points 1.1 and 2.1
The study of sections 1.2, 1.5 to 1.9, and 2.2 to 2.5 allows achieving the objective 5;
The objective 6 is achieved through of the study 1.4.
Objective 7 is achieved with the study of point 1.6 Objective 8 is reached with the study of point 1.7
Objective 9 - Study of point 1.8

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

The teaching methods used enable to reach the objectives pursued by the CU and are consistent with them because, after the presentation by the teacher and understanding of the content by the students (expositive method), they are faced with issues that have to resolve, assertions that they have to comment, registration facts must identify, characterize and analyze (interrogative method). Furthermore, in the autonomous work they have to read and comment judgments, sometimes even before the contents are lectured, and solve practical real or "invented" issues (active method). Thus, at the end of the semester, students that attended the class and did their work / autonomous study will reach the intended objectives and shall have the intended skills

relevant generic skillimproved?assessed?
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