General Theory of Civil Law

Code:

D200

Acronym:

TGDC

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2005/2006 - A

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	171	Official Study Plan - LD	2	-	13	-

Objectives

The General Theory of Civil Law course is taught in the second year of the first degree in Law, at the FDUP.
Its chief goal is to introduce students to the basic frameworks of private law, enabling them to prepare for the various courses in civil law that are offered in subsequent years: Law of Obligations, Law of Things, Family Law and Law of Succession. Its program is based on civil law relations.
The different elements of these legal relations are analysed, with special emphasis being given to the general theory of the subjects of legal relations and the general theory of legal acts.

Program

INTRODUCTION

1. First delimitation of Civil Law.
2. Civil Law as Private Law and as common Private Law.
3. Sources of Portuguese Civil Law.
4. Principles and trends of Civil Law.

PART ONE: GENERAL THEORY OF RELATIONS OF CIVIL LAW

1. Meaning and limits of general theory of legal relations.
2. Concept of civil law relations.
3. Civil law relations as legal structure.

PART TWO: THE SUBJECTS OF CIVIL LAW RELATIONS (PERSONS)

CHAPTER I – ON HUMAN PERSONS OR INDIVIDUALS
A – On Personality
B – On Capacity

PART THREE: THE OBJECT OF CIVIL LEGAL RELATIONS (OF THINGS)

CHAPTER I – PRELIMINARY NOTIONS
CHAPTER II – THINGS (CHOSES)

PART FOUR: THE LEGAL FACT

TITLE I – ON LEGAL FACTS IN GENERAL

CHAPTER I – CONCEPTS AND CLASSIFICATIONS

TITLE II – ON LEGAL ACTS AND THE SIMPLE LEGAL ACT

SUBTITLE I: CONCEPT, ELEMENTS AND CLASSIFICATIONS

CHAPTER I: CONCEPTS AND ELEMENTS
CHAPTER II: CLASSIFICATIONS OF LEGAL ACTS

SUBTITLE II: ESSENTIAL ELEMENTS OF A LEGAL ACT

CHAPTER I: CAPACITY AND LEGITIMACY
CHAPTER II: CONTRACT

Division I – General Notions
Division II: Interpretation and Integration of Legal Acts
Division III: Divergence between Intention and Declaration
Division IV: Defects of Intention
Division V: Representation in Legal Acts

CHAPTER III: OBJECT OF THE ACT

SUBTITLE III: ACCIDENTAL ELEMENTS OF LEGAL ACTS
(GENERAL TYPES OF ADDITIONAL CLAUSES)

CHAPTER I: CONDITION
CHAPTER II: TERM
CHAPTER III: FORM, ONUS OR MODAL CLAUSE
PENALTY CLAUSE

SUBTITLE IV: INEFFICACY AND INVALIDITY OF LEGAL ACTS

TITLE III – EFFICACY OF PASSAGE OF TIME IN LEGAL RELATIONS

Main Bibliography

ANDRADE, Manuel A. Domingues de - Teoria Geral da Relação Jurídica, Vols. I and II, reimp., Coimbra, Livraria Almedina, 1992.

PINTO, Carlos Alberto da Mota - Teoria Geral do Direito Civil, 3rd ed., Coimbra, Coimbra Editora, 1994.

Complementary Bibliography

ASCENSÃO, José de Oliveira - Direito Civil - Teoria Geral, Vols. I, II and III, Coimbra, Coimbra Editora, 1997-1999-2002.

CARVALHO, Orlando de - Teoria Geral da Relação Jurídica - seu sentido e limites, Coimbra, Centelha, 1981.

CARVALHO, Orlando de - Teoria Geral do Direito Civil, polic., Coimbra, Centelha, 1981.

CORDEIRO, António Menezes - Tratado de Direito Civil Potuguês, I, General Part, Vol. I, 2nd ed., Coimbra, Livraria Almedina, 2000.

COSTA, Mário Júlio Almeida - Direito das Obrigações, 9th ed., Coimbra, Livraria Almedina, 2001.

FERNANDES, Luís A. Carvalho - Teoria Geral do Direito Civil, Vol. I, Lisbon, Lex, 1995 and Vol. II, 3rd ed., Lisboa, Universidade Católica, 2001.

HÖRSTER, Heinrich Ewald - A Parte Geral do Código Civil Português, Almedina, Coimbra, 2000.

LIMA, Pires de e VARELA, Antunes - Código Civil Anotado, Vol. I, Coimbra, Coimbra Editora.

MENDES, João de Castro - Teoria Geral do Direito Civil, Vols. I and II, Lisbon, AAFDL, 1978-95.

MONCADA, L. Cabral de - Lições de Direito Civil, 4th ed., Coimbra, Livraria Almedina, 1995.

Teaching methods and learning activities

Theoretical classes: Exposition of the contents of the discipline, use of case-studies
Practical classes: The students have to solve practical exercises

Evaluation Type

Distributed evaluation with final exam

Eligibility for exams

Students pass with a mark for the written examination of 10 or more, and a mark of 10 or more in an oral examination.

Calculation formula of final grade

The marks the student must get have to be equal or higher than 10, in a scale of [0,20] in one of the following hypotheses:
a)Average between the two examinations (“frequencies”);
b)Oral examination (if the student obtained in a) a mark between 7 and 9);
c)Written final examination;
d)Oral final examination (if the student obtained in c) a mark between 8 and 9.

Are the marks obtained in the examinations referred in “Frequency Attaining” a), b), c) or d).

Examinations or Special Assignments

None

Special assessment (TE, DA, ...)

General Law and rules enforced in FDUP.

Classification improvement

Is obtained by doing a written or an oral examination