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Registers and Notorial 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

Upon completion of this course, the student should be able to:
1 - Characterize the notary function
2 - List the formalities of public instruments
3 - Distinguish the notary acts nullities and resolve those who admit cure
4 - Identify the notary acts in particular
5 - Correctly analyze several types of representation
6 - Perform authentication terms and the recognition of signatures
7 - Correctly describe the registry principles
8 - Identify the facts subject to civil, land and business registration
9 - Analyze the registration vices
10 - Identify the various registration acts
11 - Properly organize a registration process
12 - Recognize the registration evidence
13 - Distinguish the acts subject to mandatory publication
14 - Develop a contesting petition, contesting the registrar decision.

Recommended Prerequisites

Contract law; Property rights; Contracts; Process; Law of succession.

Teaching Metodology

1.Expositive method:lecture of the syllabus followed by the presentation of powerpoints,guided reading text.
2.Interrogative method: in order to stimulate student's participation, the teacher questions him directly, makes statements to comment with the aim of stimulating the student's critical thinking, scientific curiosity and his autonomy to the resolution of practical issues.
Active method: resolution of practical issues for consolidation of knowledge; research and critical analysis of judgments.

Body of Work

1 - Notary
1.1 - The Notary Function
1.2 - Public instruments. Formalities
1.3 - Nullities
1.4 - Notary acts
1.5 - Representation
1.6 - Authentication
1.7 - Acknowledgments

2 - Civil registration
2.1 - Concept. Functions
2.2 - Principles
2.3 - Facts subject to registration
2.4 - Vices
2.5 - Birth, marriage and death
2.6 - Processes
2.7 - Evidence

3 - Building registration
3.1 - Notion
3.2 - Object. Building concept
3.3 - Description and their endorsements
3.4 - Registry, land registration and titles conjugation
3.5 - Registration and its endorsements. The subentries.
3.6 - Registry principles
3.7 - Registration vices
3.8 - Registration facts
3.9 - Evidence
3.10 - Decision impeachment

4.
4.1 - Commercial registration definition
4.2 - Registration object. Principles.
4.3 - Registration acts. Forms.
4.4 - Registration. Inscriptions. Endorsements.
4.5 - Registration vices
4.6 - Applications
4.7 - Publications. Officiousness
4.8 - Evidence

Recommended Bibliography

FERREIRINHA, Fernando Neto – Código do Notariado Anotado – Almedina. 2014. ISBN 9789724056975
FERREIRINHA, Fernando Neto – A função Notarial do Advogado– Almedina. 2016 ISBN 9789724062693
SAMPAIO, Álvaro – Código do Registo Civil Anotado – Coimbra. Almedina, 2011. ISBN 978-972-40-4492-7
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
JARDIM, Mónica - Escritos de Direito Notarial e Direito Registal; Coimbra, Almedina, 2015, ISBN 9789724060224
FERREIRINHA, Fernando Neto – Manual de Direito Notarial – Teoria e Prática; Coimbra Almedina, 2016, ISBN 9789724064017
Textos publicados na página do CENoR (F.D.U.C.) : www.fd.uc.pt/cenor
Pareceres publicados na página do IRN: http://www.irn.mj.pt/sections/irn/doutrina

Complementary Bibliography

GUERREIRO, J.A. Mouteira – Ensaio sobre a Problemática da Titulação e do Registo à Luz do Direito Português. Coimbra. Coimbra Editora. 2014
JARDIM, Mónica – Efeitos Substantivos do Registo Predial. Coimbra, Almedina.2013
FERNANDES, Luís A. Carvalho – Lições de Direitos Reais, 5ª Edição, Quid Juris, 2007.
Trabalhos e textos sobre as matérias lecionadas e entregues pelos docentes.

Weekly Planning

THEORETICAL CLASSES
1
1.1 - Presentation. Bibliographical and methodological guidelines. Indication of the processing system and working classes. The notarial function. Notaries' duties. The Order of Notaries.
2
Notary
1.2 - Public instruments and their formalities

3
Notary
1.3 - Nullities and its cure. Acts revalidation
1.4 - Special notary acts.
4
Notary
1.5 - Representation. Species: Legal, Voluntary and Organic.
1.6 - Private documents authentication
1.7 - Notarial authentication
1.8 - Notary deformalization
5
Notary
1.8 - Notary deformalization
6
Civil registration
2.1 - Civil registration concept and functions
2.2 - Registry principles.
7
Civil registration
2.3 - Facts subject to registration
2.4 - The competence of the registry offices.
2.5 - Registration acts. Parts notion. Registration modalities.
2.6 - Vices log. Absence and nullity. Register cancellation and rectification.
8
Civil registration
2.7 - Special registration acts: birth, marriage and death
9
Civil registration
2.8 - Civil status private processes. Common and special processes.
2.9 - Evidence

10
Land registration
3.1 - Register law notion
3.2 - Land register object. Building concept
3.3 - Land description
11
Land registration
3.3 - Building description and their endorsements
3.4 - Registry, land registration and titles conjugation
12
Land registration
3.5 - Registration and its endorsements. The subentries.
3.6 - Registry principles
13
Land registration
3.7 - Registration vices
3.8 - Registration facts
3.9 - Evidence
3.10 - Register decision impeachment
14
Business registration
4.1 - Commercial registration definition
4.2 - Registration object. Principles.
4.3 - Registration acts. Forms.
4.4 - Business registration principles
15
Business registration
4.5 - Registration vices
4.6 - Registration application
4.7 - Publications. Modalities. Publications officiousness.
4.8 - Evidence. Permanent certificate.
Week
Contents
In these classes, and taking into account the proposed objectives in 1.4, 3.8 and 4.6, accomplished through "legal resolution of problems posed allows a very close contact with work reality and with the difficulties and steps that are being overcome in a real context.", in each of the classes the following topics will be covered:
1 ………
2
Notary
Detailed analysis of the formalities of notary instruments.
3
Notary
Deeds execution. Rules violation and its respective consequences. Practical study.
4
Notary
The deed and the DPA. Practical "confection" instrument.
5
Notary
Authentication terms and notarial recognition.
6
Civil registration
Registry vices. Identifying their causes. Consequences.
7
Civil registration
Civil registration private processes. Practical examples.
8
Land registration
Organization of a registration process, since the its application to the presentation
9
Land registration
Practical application of some registration principles, particularly the priority, legitimacy and successive tract.
10
Land registration
Vices log. Attorney general's and IRN analysis
11
Land registration
Interpretation of registration certificates.
12
Land registration
Register decision impeachment
13
Commercial registration
Organization of a registration process, since the its application to the presentation
14
Commercial registration
Business registration forms. Storage and transcription registration. Commercial registration principles.
Application qualification. The specific case of registration filing.
Reviews for finals.

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

Objective 1 is acquired through the study of paragraphs 1.1.
Objective 2 is reached with the content of paragraph 1.2
Objective 3 is acquired through the study of paragraph 1.3
Objective 4 is acquired with the knowledge of paragraph 1.4
Objective 5 is teached in paragraph 1.5
Objective 6 is accomplished through the study of paragraph 1.6, 1.7 and 1.8
Objective 7 is acquired through the study of paragraph 2.2, 3.6, 4.4
Objective 8 is acquired through the study of paragraph 2.3, 3.8, 4.2 and 4.3
Objective 9 is acquired through the study of paragraph 2.6, 3.7 and 4.5
Objective 10 is acquired through the study of paragraph 2.5, 2.7, 2.8, 3.2, 3.3, 3.4 and 4.6
Objective 11 is acquired through the study of paragraph 3.8 and 4.6
Objective 12 is acquired through the study of paragraph 2.9, 3.9 and 4.8
Objective 13 is acquired through the study of paragraph 4.7
Objective 14 is acquired through the study of paragraph 3.10

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

For all purposes we use the lecture method with resolution of practical cases based on the rules and registry principles. With regard to objectives relating to analysis of the vices of registration, the registration of some facts and challenges the decisions of the conservative, draws up also the doctrine of analysis, especially opinions of the Registries and Notaries Institute, available at http: //www.irn.mj.pt/IRN/sections/irn/doutrina/pareceres/Pareceres-Conselho-Tecnico/.
To identify the facts subject to civil registration, land and commercial uses to case study methodology.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYesYes
Problem-solvingYesYes
Written and verbal communications skillsYesYes
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