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General Theory of Civil Law II 2017/2018

  • 7 ECTS
  • Taught in Portuguese
  • Final Assessment

Objectives

It is intended that the student, finishing the course, is able to:
I - identify and understand the notions, legal constructs and overall framework of the issues dealt with in the General Part of the Portuguese Civil Code;
II - explain and develop the object of legal relationship and legal facts, in particular the legal transaction, besides he must understand the civil law vocabulary as well the technical and legal reasoning for understanding the legal solutions and their application in the case law.

Recommended Prerequisites

Introduction to Law and General Theory of Civil Law I

Teaching Metodology

In the lectures, the teaching method - lecture - consists of exposing the constant program materials, orderly, consistent and systematic manner, seeking to facilitate the understanding of the problems and the rationale of the law solutions. We also use the inductive and socratic methods for students to have an integrated view of the program in terms of understanding at each stage of the course, the raison d'être of what is to them to be taught and its relevance to the unit's goals curriculum. In practical classes inductive and socratic methods are used.

Body of Work

I-Object of RJ Chapter I Object of RJ: Modalities and possible objects Chapter II Things and Heritage II- Legal Fact I) Concept II)- Simple legal acts and legal business 1. Concept and elements 2. Classifications of business legal aspects 3. Essential elements of the legal business 4. The negotiation statement: concept and modalities; perfection of the negotiation statement; form of declaration 5.Interpretation and integration 6. The divergence between will and statement a) The problem in general b) The simulation c)Mental reserve d) Non-serious statements e)Physical or absolute coercion f) Lack of awareness of the declaration g) Error in declaration or error obstacle 7.Vices of the will a) General notions b) Error-addiction c)Dolo d)Moral or relative coercion e) State of necessity and other situations (article 282) f) A accidental incapacity 8. The representation 9. The negotiating object 10. Accidental elements of the legal business 11. Inefficiency or invalidity of the business

Recommended Bibliography

ANDRADE, Manuel de, Teoria Geral da Relação Jurídica, vols. I e II, Almedina, Coimbra, 1964 (com reimpressões)
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

ASCENSÃO, José Oliveira, Direito Civil - Teoria Geral, vols. I, II, III, Coimbra: Coimbra Editora, 2000, 2003, 2002.
CORDEIRO, António Menezes, Tratado de Direito Civil, Tomo II, Parte Geral-Negócio jurídico, Coimbra: Almedina, 2014.
FERNANDES, Luís Carvalho, Teoria Geral do Direito Civil, 6.ª ed., Vol. I (2012), Vol. II, 5.ª ed.(2010), Lisboa: Universidade Católica, 2012.
HÖRSTER, Heinrich Ewald, A Parte Geral do Código Civil Português. Teoria Geral do Direito Civil, 6.º reimpressão da edição de 1992, Coimbra: Almedina, 2012.

Weekly Planning

Theoretical classes:
1- General guidance on the syllabus, the methodology of lessons and assessment of knowledge. Bibliographies
2 - RJ Object- General Theory: Preliminary notions; Things and property
3-General Theory of Legal Fact: Concept and classifications; rights aquisition
4-Modificationt and termination of RJs; the LEGAL BUSINESS AND SIMPLE ACTS LEGAL: concept and elements
5-Classification of legal transactions
6-Main elements of the legal transaction:
Capacity and legitimacy; the negotiating statement: general notions
7-Interpretation and integration of legal transactions; the divergence between the will and the declaration: the problem in general
8 - The simulation and other figures of intentional divergence
9-Unintentional differences
10-The vices of the will
11 The state of necessity and other situations; voluntary representation in legal transactions; the object of transation
12- Accidental elements in legal transactions
13 - The assumption or the problem of changed circumstances
14 - Legal ineffectiveness or invalidity of legal transactions; THE CONTRACT
15 - Reviews of all the taught matter
Practical classes:
General 1-Guidelines on the methodology of practical lessons and assessment of knowledge. The object of the legal relationship
2-Things and heritage: exemplification and practical application
3-The classification of legal facts: exemplification and practical application
4- Modalities and practical importance of the acquisition of rights. Appreciation, discussion and resolution of case studies about the exceptions to the principle "Nemo plus iuris ..."
5-Consideration, discussion and resolution of case studies on the subject taught. Jurisprudential analysis
6-Ratings of legal transactions: exemplification
7 -Business declaration: appreciation, discussion and resolution of practical cases
8 - The simulation and other figures of intentional divergence: appreciation, discussion and resolution of practical cases
9-Unintentional differences: appreciation, discussion and resolution of practical cases
10-The vices of the will: appreciation, discussion and resolution of practical cases
11 The state of necessity and other situations; voluntary representation in legal transactions; the negotiation object: appreciation, discussion and resolution of practical cases
12- Assumption or the problem of changed circumstances. Resolution of practical assumptions and jurisprudential analysis. The ineffectiveness or invalidity of legal transactions

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

The goal is to provide students with the notions, legal constructs and issues dealt with in the General Part of the Portuguese Civil Code insofar as they are concerned with the legal relationship, chiefly the legal transaction and the legal facts, all of which is line with the syllabus of Part I and Part II, labeled «General Theory of the Object of Legal Relationship» and «General Theory of the 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
Problem-solvingYesYes
Written and verbal communications skillsYesYes
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