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

DIREITOS REAIS - 2025/2026

3º curricular year
Semestralidade: 1st semester
ECTS: 6

Teachers

Leading Teacher: Prof. Doutor Sérgio Costa Machado
Assistant Professor: Prof. Doutor Sérgio Costa Machado

Class type and School hours

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

Teaching Language

Portuguese

Main Aims/Objectives

The course aims to provide students with both theoretical and practical training in the field of property law, fostering the development of skills that enable them to identify, contextualize, and understand the main legal institutions and issues related to this area of law.

Specific Aims/Objectives

Students are expected to develop in-depth knowledge of key areas of property law, namely with regard to possession, ownership, condominium ownership, usufruct, use and habitation rights, surface rights, and easements, understanding their underlying principles, legal nature, classification, and applicable legal frameworks.

Skills to be acquired

By the end of the semester, students should demonstrate an understanding of the fundamental institutions of property law, recognizing their principles and forms, interpreting the legal frameworks governing possession, ownership, condominium ownership, usufruct, use and habitation rights, surface rights, and easements, and applying the knowledge acquired to the resolution of concrete legal issues.

Teaching Procedures

In the theoretical classes, a problem-based method is adopted, centered on questions and answers, encouraging active student participation. The practical classes are dedicated to solving case studies, promoting the application of acquired knowledge. The tutorial sessions aim to provide closer guidance, supporting individual learning. Assessment follows the University´s regulations, incorporating both continuous and final evaluation.

Programme

1) INTRODUCTION
1.1) Concept
1.2) Terminology
1.3) Political and economic influence
1.4) Fontes cognoscendi (legal basis)

2) CHARACTERISTICS
2.1) Absolute effectiveness
2.2) Right of pursuit
2.3) Priority
2.4) Inherence
2.5) Other characteristics
2.6) Strong legal protection

3) STRUCTURAL PRINCIPLES
3.1) Principle of objectification
3.2) Principle of specificity (or individualization)
3.3) Principle of totality of the thing
3.4) Principle of compatibility (or exclusivity)
3.5) Principle of elasticity (or consolidation)
3.6) Principle of transferability
3.7) Principle of consensuality
3.8) Principle of typicity
3.9) Principle of publicity

4) CLASSIFICATION AND LEGAL NATURE
4.1) Classification:
4.1.1) Real rights of enjoyment
4.1.2) Real rights of acquisition
4.1.3) Real security rights
4.2) Legal nature:
4.2.1) Classical (or realist) theory
4.2.2) Personalist theory
4.2.3) Eclectic (or mixed) theory

5) FIGURES RELATED TO PROPERTY RIGHTS
5.1) Real obligation
5.2) Real burden
5.3) Real claim

6) POSSESSION
6.1) Concept
6.2) Function
6.3) Object and content
6.4) Classification (types)
6.5) Effects
6.6) Acquisition
6.7) Accession
6.8) Preservation
6.9) Loss
6.10) Legal protection
6.11) Legal nature

7) RIGHT OF OWNERSHIP
7.1) Concept
7.2) Object
7.3) Characteristics
7.4) Types
7.5) Limitations
7.6) Acquisition
7.7) Legal defense
7.8) Extinction
7.9) Legal nature

8) OWNERSHIP OF WATER
8.1) Classification of waters
8.2) Private waters
8.3) Use and exploitation
8.4) Surplus waters; lower properties
8.5) Requisition
8.6) Restriction
8.7) Underground waters
8.8) Originally public waters
8.9) Water co-ownership
8.10) Division of waters

9) HORIZONTAL PROPERTY (Condominium Ownership)
9.1) Concept
9.2) Establishment
9.3) Modification
9.4) Rights and obligations of co-owners
9.5) Management of common areas
9.6) Legal nature

10) USUFRUCT AND RIGHTS OF USE AND HABITATION
10.1) Usufruct:
10.1.1) Concept
10.1.2) Constitution
10.1.3) Rights and obligations of owner and usufructuary
10.1.4) Extinction
10.1.5) Legal nature
10.2) Right of use and habitation:
10.2.1) Concept
10.2.2) Legal regime of use and habitation
10.2.3) Constitution and extinction
10.2.4) Legal nature

11) RIGHT OF SUPERFICIES
11.1) Concept
11.2) Constitution
11.3) Legal regime: rights and duties of superficiary and landowner
11.4) Extinction
11.5) Legal nature

12) EASEMENTS
12.1) Concept
12.2) Constitution
12.3) Legal easements (e.g., rights of way and water rights)
12.4) Exercise
12.5) Extinction
12.6) Legal nature

Evaluation Type

Teaching does not dispense with the active participation of students; therefore, an interrogative and problem-based approach will be followed: problems will be presented and their solutions discussed, encouraging the expression of diverse viewpoints.
Assessment:
Assessment will be carried out as follows:
Preparation of an independent scientific paper, evaluated in two components—written and oral presentation in class (60%);
A final written examination (40%).

Teaching Resources

Legislation (Civil Code and Land Registry Code), internet for research and document consultation, scientific articles, specialized periodicals, and recommended bibliography.

Sustainability Objectives

1) Ensure inclusive, equitable, and quality education and promote lifelong learning opportunities for all – SDG 4.
2) Reduce inequality within and among countries – SDG 10.
3) Promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels – SDG 16.

Keywords

Real rights, real obligations, real burdens, possession, ownership, usufruct, use and habitation, predial servitudes, and real securities.

Main Bibliography

Complementary Bibliography