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

DIREITO DAS PESSOAS E SITUAÇÕES JURÍDICAS - 2021/2022

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

Teachers

Leading Teacher: Prof. Doutora Marisa Almeida Araújo
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

The curricular unit aims to introduce students to the fundamental frameworks of private law, allowing them to prepare the different courses of civil law. It is intended that students, in addition to understanding the respective informing principles, understand the current regime on the Law of Persons and Legal Situations

Specific Aims/Objectives

It is intended that students learn the fundamental instruments of civil law and assimilate knowledge about the matters of the legal relationship and its elements, so that they can apply them later in their academic and professional life, as well as develop the capacity of students to solve concrete problems and critically analyze jurisprudential decisions.

Skills to be acquired

Students should familiarize themselves with the language of civil law and with technical-legal reasoning, the practical sense of law, by understanding legal solutions and their application through jurisprudence.

Teaching Procedures

Exposition of the subjects included in the program, seeking that students have an integrated view of the subject and its relevance. In practical classes and tutorial guidance, the teaching method consists of reviewing the material given in theoretical classes, emphasizing the fundamental legal institutes, explaining the meaning and scope of the main legal notions, using examples and solving practical cases and critical analysis of jurisprudence.

Programme

Title I Introduction
Chapter I Law and Civil Law
1. Civil Law as a common private law
2. Sources of Civil Law
3. Fundamental Principles of Civil Law
Chapter II The Legal Relationship. Generic considerations
1. Concept
2. Elements and structure of the legal relationship

Title II The Person
Chapter I The Natural Persons
1. Legal personality
1.1. The beginning of legal personality
1.1.1. Prenatal care
1.2. The term of legal personality
1.2.1. The death;
1.2.2. Same time death presumption
1.2.3. The legal status of the corpse; organ transplants; post-mortem guardianship
2. Personality rights and their protection
3. The Legal Capacity
3.1. General regime concerning the ability to enjoy and the ability to exercise
3.2. Capacity and legitimacy
3.3. Exercise of the legal status of the minor
3.4. The accompanied adult
3.5. Other incapacity situations
4. Legal Sphere
4.1. Personal and state legal sphere; civil registry
4.2. Patrimonial sphere: patrimony
5. Home and absence
Chapter II Legal Persons
1. Nature of collective personality
2. Concept, typicality and classifications of legal persons
3. The substrate, organization and recognition of legal persons
4. The capacity of legal persons
5. The purpose and corporate purpose of legal persons
6. The dynamics of the legal person
7. The Associations
8. The Foundations
9. Simple civil societies
10. Unincorporated associations and special commissions;

Title III Things, benefits and other objects
Chapter I Things
1. Legal assets and things
1.1. Notion and characteristics of things
2. Classification of things
3. Public domain
4. Animals
Chapter II Installments
1. Concept
2. Classification. Remission
Chapter III Other Possible Objects
1. Legal effects
2. Personality goods
3. Rights
4. Legal universalities
Chapter IV Representation. Remission

Title IV The legal exercise
Chapter I - Situations, legal relations and subjective rights
1. Typology of legal situations
2. The paradigmatic active legal situation: the subjective law
2.1. Subjective rights sticto sensu and potestative rights
2.1.1. Modalities regarding the object and regarding the regime
2.2. Other active legal situations. Remission
2.3. Limits of subjective rights: abuse of rights
2.4. Ownership of subjective rights
2.5. Exercise and protection of subjective rights. Remission
2.6. Vicissitudes of legal situations and subjective rights
2.6.1. Constitution
2.6.2. Modification
2.6.3. Disposition and extinction
3. The paradigmatic passive legal situation: the obligation
3.1. Notion and understanding
4. Other passive legal situations. Remission
Chapter III Time and Stabilization of Legal Situations
1. The evolution of lasting legal situations over time: changing circumstances
2. Prescription
3. Expiry
4. The non-use

Evaluation Type

Two assessment tests.

Teaching Resources

Bibliographic resources; provision of doctrinal texts and court decisions.

Sustainability Objectives

Keywords

Individuals; Legal persons; Things; Legal Situations

Main Bibliography

Complementary Bibliography