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

FUNDAMENTOS DO DIREITO COMUM EUROPEU - 2021/2022

1º curricular year
Semestralidade: 1st semester
ECTS: 6

Teachers

Leading Teacher: Prof. Doutor Alberto Ribeiro de Almeida
Assistant Professor: Prof. Doutor Alberto Ribeiro de Almeida

Class type and School hours

Orientação Tutorial : 1 Horas
Teórica : 2 Horas

Teaching Language

Portuguese

Main Aims/Objectives

Understanding of the common main characteristics of the European law systems, especially concerning their common Roman origin. Dominance of the fundamental elements common to the European Law systems.

Specific Aims/Objectives

Ability to solve problems.Ability to apply and connect the Portuguese law system with other European law systems

Skills to be acquired

Understanding of the German-Roman law system family. Dominance of the main elements of the law system, specially the Roman system that has influenced and characterized our law system and other law systems in Europe (Spain, France, Italy and Germany).
Knowledge of the main characteristics of the European law systems.

Teaching Procedures

Methodology: Oral comprehension of the subjects.
Training the subjects with the students, including education and investigation.

Programme

I. Introduction.
The importance of the Roman law as essential part of the European Common Law.
II ? European Common law.
1. Preamble.
2. Law of obligations.
2.1. Contracts.
2.1.1. Notion.
2.1.2. Types.
2.2. Real contracts.
2.2.1. Mutual, fiduciary contract, deposit, lending, e pledge.
2.2.2. European law: Italy, Spain, France, Germany and Portugal.
2.2.3. Roman influence.
2.3. Consensual contracts.
2.3.1. Sale, leasing, society e mandate.
2.3.2. European law: Italy, Spain, France, Germany and Portugal.
2.3.3. Roman influence.
2.4. Unnamed contracts.
2.4.1. Exchange, aestimatum, precarious e transaction.
2.4.2. European law: Italy, Spain, France, Germany and Portugal.
2.4.3. Roman influence.
2.5. Quasi-contracts.
2.5.1. Unilateral business management e unjust enrichment.
2.5.2. European law: Italy, Spain, France, Germany and Portugal.
2.5.3. Roman influence.
3. Real rights.
3.1. Real property rights.
3.1.1. Property, Usufruct, use and habitation, surface e easement.
3.1.1.1. European law: Italy, Spain, France, Germany and Portugal.
3.1.1.2. Roman influence.
3.2. Real assurance rights.
3.2.1. Special reference to mortgage and pledge.
3.2.1.1. European law: Italy, Spain, France, Germany and Portugal.
3.2.1.2. Roman influence.

Evaluation Type

Evaluation: The students will have the opportunity to make and discuss the main subjects and two written exams will be made.

Teaching Resources

Bibliography and cases.

Sustainability Objectives

Keywords

Common law, European law, Roman law.

Main Bibliography