General Theory of Civil Law II

Recommended Prerequisites

Introduction to Law, and General Theory of Civil Law I.

Teaching Methods

The teaching method  consists of orderly, coherent and systematic presentations by the instructor. In so doing, while the instructor seeks to help the students to understand the issues and the solutions posited in the laws, he also seeks to provide a contextualized perspective of the syllabus so that the students may understand in each stage the underlying rationale of what is being taught as well as its relevance. The case law has special importance.

Learning Outcomes

Building upon the subjects taught in  General Theory of Civil Law I, the course aims to provide the students with the notions, legal constructs and overall framework of the issues dealt with in the General Part of the Civil Code in what concerns the object of legal relationship and   legal facts, chiefly  the legal transaction. It also aims to familiarize students with civil law vocabulary   as well as with legal and technical reasoning. An effort is simultaneously made to inculcate a practical sense of the Law by understanding legal solutions and their case law.

Work Placement(s)

No

Syllabus

A)The  Object of the Legal Relationship; I . Preliminary notions; I I. Property; B) The Legal Fact; I) Concept II) On legal transaction  and simple legal acts; 1. Concept and elements; 2. Classification of legal transactions; 3. Main elements of  legal transactions; 4. Transaction declaration:  General concepts; perfection; form 5. Interpretation and integration of legal transactions; 6. The disagreement between will and the declaration; 7. Vices of the will; 8. Voluntary representation in legal transactions; 9. The object of transaction; 10. Accidental elements in legal transactions; 11.  Legal ineffectiveness or invalidity of legal transactions; 12. The contract. 

Head Lecturer(s)

Ana Mafalda Castanheira Neves Miranda Barbosa

André Gonçalo Dias Pereira

Paulo Cardoso Correia da Mota Pinto

Assessment Methods

Assessment
Exam: 100.0%

Bibliography

Carlos Alberto da Mota Pinto, Teoria Geral do Direito Civil, 4ª ed., por António Pinto Monteiro e Paulo Mota Pinto, Coimbra Editora, Coimbra, 2005; Francisco Amaral, Direito Civil. Introdução, 10.ª ed., ed. Saraiva, São Paulo, 2018.

Bibliografia Complementar / Recommended Books

António Menezes Cordeiro, Tratado de Direito Civil, II, Parte Geral. 4.ª ed., c/ a colab. de A. Barreto Menezes Cordeiro, Almedina, Coimbra, 2014; Paulo Lôbo, Direito Civil. Parte Geral, 5.ª ed., ed. Saraiva, São Paulo, 2015.