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Family Law and Inheritance Law I

Code: D401 I     Acronym: DFS

Keywords
Classification Keyword
OFICIAL Legal Sciences

Instance: 2007/2008 - 1S

Active? Yes
Course/CS Responsible: Law

Cycles of Study/Courses

Acronym No. of Students Study Plan Curricular Years Credits UCN Credits ECTS Contact hours Total Time
D 9 Official Study Plan - LD 4 - 6 -
LDB 127 Oficial Study Plan LD 4 - 6 -

Teaching language

Portuguese

Objectives

It is intended that students should acquire solid and deep knowledge of the juridical regime applicable to Parafamily legal relations (specially to de facto union) and to Family legal relations (specially to the Marriage). In the scope of the latter it will be paid special attention to the constitution of matrimonial relations and to its personal and patrimonial effects
It is also intended that, whilst learning the material that will enable them to soundly resolve the various real-life cases which come under its jurisdiction, students will also develop their powers of reasoning, as young jurists.
It will be provided information about important judicial decisions.

Program

INTRODUCTION
1. Notion and aim of Family Law. Family legal relations.
2. The family as a normative problem. Parafamily legal relations. Marriage and de facto union.
3. The family as social group. Composition of the family. Functions of the family.
4. The family as a legal institution. The family, the Church and the State.
5. Historical evolution of Family Law.
6. Constitutional principles of Family Law..
7. Sources of Family Law.
8. Characteristics of Family Law and family rights.

PORTUGUESE MATRIMONIAL LAW
1. Constitution of matrimonial relations: the act of marriage.
2. Effects of marriage: a) personal; b) patrimonial
3. Modification of matrimonial relations
4. Extinction (“dissolution”) of matrimonial relations

Teaching methods and learning activities

The theoretical classes provide a systematic presentation of all the material in the programme with use of examples and references to jurisprudence pertaining to each issue and.
At practical classes will be analysed and resolved real-life cases, usually chosen from amongst the most significant jurisprudence in our courts.

Evaluation Type

Evaluation with final exam

Eligibility for exams

According to the rules enforced in Faculty

Calculation formula of final grade

According to the rules enforced in Faculty

Special assessment (TE, DA, ...)

According to the rules enforced in Faculty

Classification improvement

According to the rules enforced in Faculty

Observations

Bibliography:
- CAMPOS, Diogo Leite de – Lições de Direito da Família e das Sucessões, 3.ª Reimpressão da edição de 1997, Coimbra, Liv. Almedina, 2005
- COELHO, F. M. Pereira e OLIVEIRA, Guilherme de – Curso de Direito da Família, 3ª edição, Coimbra, Coimbra Editora, 2003.
- LIMA, Pires de e VARELA, Antunes – Código Civil Anotado, Vol. IV e V, 2ª. Ed., Coimbra, Coimbra Editora, 1992
- MENDES, J. Castro; SOUSA, Miguel Teixeira de – Direito da Família, Lisboa, A.A.F.D.L, 1991
- VARELA, J. Antunes – Direito da Família, Vol. I, 5ª. Ed., Lisboa, Liv. Petrony, 1999

Other bibliographical references on special subjects will be provided in the class summaries
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