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General Theory of Civil Law 2017/2018

Objectives

It is intended that the student, finishing the course, is able to:
I - identify and understand the fundamental principles of civil law;
II - explain and develop the legal relationship, in particular the subject of the legal relationship

Recommended Prerequisites

Introduction to law

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 solutions positivadas the law. 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

PART I – General Theory of the Civil Legal System CHAPTER 1 – Sources of Civil Law: CHAPTER 2 – Fundamental Principles of Civil Law 1. The recognition of the person and of the rights relating to personality 2. The principle of private autonomy 3. The principle of good faith 4. Civil liability PART II - General Theory of the Legal Relationship A) Preliminary considerations 1. Concept of legal relationship 2. The static of legal relationship 3. Subjective right and duty 4. The dynamic of legal relationship 5. Classifications 6. Elements B) Subjects I- Natural persons 1. Legal personality 2. Beginning and end 3. Rights of personality 4. Full capacity to contract 5. Legal capacity to act 6. Relative unavailabilities 7. Legal incapacities to act 8. Minority 9. Prohibition 10. Disability 11. Accidental incapacity 12. Sponsal illegitimacies 13. Residence person Cap. II Legal persons 1.Notion 2. Constitutive elements 3. Capacity and civil liability

Recommended Bibliography

PINTO, Carlos Alberto da Mota, Teoria Geral do Direito Civil, 4ª ed., por António Pinto MONTEIRO e Paulo Mota PINTO, Coimbra:Coimbra Editora, 2005
MONTEIRO, António Pinto, “O Novo Regime Jurídico dos Contratos de Adesão/Cláusulas Contratuais Gerais”, Revista da Ordem dos Advogados, Ano 62, I, Lisboa, 2002

Complementary Bibliography

ANDRADE, Manuel de, Teoria Geral da Relação Jurídica, vols. I e II, Almedina, Coimbra, 1964
ASCENSÃO, José Oliveira, Direito Civil - Teoria Geral, vols. I, II, III, Coimbra: Coimbra Editora, 2000, 2003, 2002
CORDEIRO, António Menezes, Tratado de Direito Civil Português, Parte Geral, Tomo I, reimpressão da 4.ª ed., Coimbra: Almedina, 2012
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, Almedina, Coimbra, 2000

Weekly Planning

1 - Lecture: Presentation. Introduction
2- Lecture: Sources of civil law
Practical class: Presentation. Introduction
3 - Lecture: Principles fundamental of civil right
Practical class: Practical application of the scope, sources and branches of law
4 - Lecture: Principles (Cont.)
Practical class: Practical application of Fundamental Principles of Civil Law
5 - Lecture: Principles (conclusion)
Practical class: Practical application of the principles
6 - Lecture: General theory of civil law: preliminary
Practical class: Practical application of the Principles
7 - Lecture: General Theory of the Subject of Legal Relationship. Individuals: legal personality and personality rights
Practical class: Practical application of the concept, structure and elements of the legal relationship
8 - Lecture: Negotiating capacity of enjoyment and exercise; Related outages
Practical class: Resolution of case studies on legal personality and personality rights
9 - Lecture: minority
Practical class: Resolution of case studies about disabilities and related outages
10 - Lecture: Interdiction
Practical class: Resolution of case studies about minority
11 - Lecture: Inabilitation; marital illegitimacies. and other situations
Practical class: Resolution of case studies
12 - Lecture: The legal persons
Practical class: Resolution of case studies on disqualification
13 - Lecture (for timing reasons, this class is the last class of daytime classes):The legal persons (conclusion). Reviews
Practical class: Resolution of case studies about illegitimacy
14 - Practical class: Resolution of case studies about the whole matter
15. Practical class: Reviews and solving practical cases about the whole matter

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

The objective I is consistent with the syllabus of Part I entitled General Theory of Civil Legal System, which is divided in the following two chapters: Chapter I - Civil Law Cap Sources II - Fundamental Principles of Civil Law;
the objetive II is consistent with the syllabus of Part II, entitled: General Theory of Legal Relationship - general theory of subjects: natural persons and legal persons.

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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