Cursos / 1º Ciclo / Faculty of Law :: Law

DIREITO DAS PESSOAS E SITUAÇÕES JURÍDICAS - 2018/2019

1º curricular year
Semestralidade: 2nd semester
ECTS: 6

Teachers

Leading Teacher: Prof. Doutor Fernando Torrão
Assistant Professor: Dr. Fernando Lobo

Class type and School hours

Orientação Tutorial : 1 Horas
Prática : 1 Horas
Teórica : 2 Horas

Teaching Language

Portuguese

Main Aims/Objectives

Objectives: concern for the student, essential knowledge concerning the general part of the Civil Code, specifically with regard to persons and legal situations

Specific Aims/Objectives

Problem solving theoretical and practical on individuals and legal situations

Skills to be acquired

Spirit of synthesis, ability to understand and relate the theoretical issues with the resolution of practical cases.

Teaching Procedures

A previous study of theoretical issues to explain, by the Professor, in the lectures.
A previous study of practical cases to solve in practical classes.
Teaching method of solving practical cases in the classes of tutorial guidance.
Resolution of practical cases in class (practice) with oral participation and discussion, under the guidance of Professor
Clarification of questions during lectures and classes of tutorial guidance.

Programme

CHAPTER I - INTRODUCTION

1. Scope of the General Theory of Civil Law
2. The civil law as part of private law
3. Public law and private law. Practical significance of the distinction
4. The civil law as private law common
5. Subject and object of legal relationship. Course Plan

CHAPTER II - FUNDAMENTAL PRINCIPLES AND INSTITUTES OF CIVIL PORTUGUESE

1. The principle of the juridical personality of all human beings. Personality rights
2. The principle of freedom to contract private
3. The principle of liability
4. The granting of legal personality to collective bodies
5. Private property and transfer

CHAPTER III - LEGAL RELATIONSHIP

1. Concept
2. Elements of the legal relationship
3. Structure: simple legal relationship and complex legal relationships
4. Structure: anomalous legal relationship

CHAPTER IV - SUBJECT (PEOPLE) THE LEGAL RELATIONSHIP

1. Individuals
1.1. Beginning and end of the personality
1.2. Legal status and exercise capacity
1.3. Minority
1.4. Prohibition
1.5. Disqualification
1.6. Domicile and absence

2. Legal persons
2.1. Meaning, nature and elements of the legal person
2.2. Classifications of the legal person
2.3. Associations
2.3.1. Constitution
2.3.2. Organisation and operation
2.3.3. Extinction
2.4. Foundations
2.4.1. Constitution
2.4.2. Organisation and operation
2.4.3. Extinction
2.5. Civil societies pure
2.6. Legal status of legal persons
2.7. Liability of legal persons
2.8. Unincorporated associations and special committees


CHAPTER V - PURPOSE (LEGAL CASES) OF THE LEGAL RELATIONSHIP

1. The immediate
1.1. Notion
1.2. Figures of the legal powers
1.3. Figures from jury duty (lato sensu)
1.4. Construction of the dogmatic concept of subjective right, the will theory and the theory of interest
1.5. Office of the subjective right: administrative acts and acts of disposal
1.6. Irregular exercise of individual right
1.7. Vicissitudes rights

2. Subject mediate
2.1. Things; notion. Classes of things
2.2. Benefits; notion. Provision of thing and in fact provide

Evaluation Type

Completion of two assessment tests and presentation by students of the resolution of practical cases in the group.
Test frequency end of the semester.

Teaching Resources

Biblioteca geral e especializada, quadro didáctico.

Sustainability Objectives

Keywords

Individuals, legal persons, rights, things.

Main Bibliography

Complementary Bibliography