Code: | D420 | Acronym: | DFS |
Keywords | |
---|---|
Classification | Keyword |
OFICIAL | Legal Sciences |
Active? | Yes |
Course/CS Responsible: | Law |
Acronym | No. of Students | Study Plan | Curricular Years | Credits UCN | Credits ECTS | Contact hours | Total Time |
---|---|---|---|---|---|---|---|
LDB | 157 | Novo Plano Oficial do ano letivo 2016 | 4 | - | 12 | - |
It is intended that students acquire solid and deep knowledge concerning the core subjects of family law and inheritance law. The programme encompasses three nuclear fields: marital law, affiliation law and succession law. In the first field, special attention will be given to the constitution of the marital relation, its personal and property effects and the dissolution of marriage. In the second field, it will be analysed the legal framework applicable to the establishment of parenthood and moTherhood and to its effects, considering in particular the case of the under 18 offspring. In the third field, attention will be paid to the legal treatment of the post-mortem destiny of the legal relations entitled by the "de cuius".
It is also intended that, whilst acquiring the knowledge that will enable them to soundly resolve the various real-life cases, students will also develop their abilities of reasoning, as young jurists. It will also be provided information about important judicial decisions.
Students must be able to determine, analyse and understand the legal framework applicable to subjects of family law and inheritance law and apply it to real life situations.
INTRODUCTION
1. Notion and aim of Family Law. Family legal relations. The problem of the definition of its scope. Sources of Family Law
2. The family as a social group. Social role of the family. Connections between the "de facto" level and the "de iure" level. Family, Church and State.
3. Historical evolution of Family Law.
4. Constitutional principles of Family Law.
5. Family Relationships in the light of the article 1576.º of the Portuguese Civil
6. Civil Relationships similar to Family Relationships. In particular the "de facto" union and life in "common economy"
MATRIMONIAL LAW
1. Constitution of matrimonial relationship: the act of marriage. Its characterisation. Promise to marry.
2. The Portuguese Matrimonial Legal System:
a) civil marriage (civil celebration and religious celebration). Marital Consent and Capacity to marry. Formalities of Marriage
b) catholic marriage in the light of the Concordat of 2004.
3. Consequences of marriage (the marital status):
a) personal consequences.
b) property consequences
4. Modification of matrimonial relations
a) concerning property consequences;
b) concerning property and personal consequences.
5. Extinction (“dissolution”) of matrimonial relationship, considering in particular the dissolution by divorce:
a) Historical evolution of the legal framework of divorce
b) Types of Divorce
c) Consequences of Divorce
AFFILIATION LAW
1. Affiliation as a legal and social problem. Recent evolution concerning affiliation and parentage. The biological truth and social and care-based truth. Natural Procreation (the legal importance of the moment of the conception) and the medically-assisted procreation.
2. Establishment of affiliation: Establishment of motherhood: means to establish ant to contest motherhood; Fatherhood: means to establish and contest fatherhood. Time limits to the affiliation actions. The importance of the expertise evidence through scientific exams.
3. Legal effects of affiliation. General effects of affiliation: reciprocal rights and duties of parents and children. The special effects of affiliation: parental responsibility and its exercise.
INHERITANCE LAW
1. Notion of "mortis causa" succession ("inter vivos" succession and "mortis causa" succession) and the reasons that explain it
2. Main Principles of the Portuguese system of inheritance
3. Types of "mortis causa" succession, considering the object (legatee and heir) and the title (mandatory/forced legal succession, non-mandatory legal succession, contractual succession, testamentary succession).
4. Death as a condition of "mortis causa" succession. The Physical death, the simultaneous death and the presumed death.
5. The succession phenomenon:
a) The Opening of the succession;
b) The Entitlement of the heirs and legatees. The conditions to inherit (Title, capacity and existence). The object of succession. The species of the entitlement
c) Acquisition by inheritance
d) The operation of sharing the inheritance
The theoretical classes provide a systematic presentation of all the material in the programme. At practical classes will be analysed and resolved real-life cases, usually chosen from amongst the most significant jurisprudence in our courts.
Designation | Weight (%) |
---|---|
Exame | 100,00 |
Total: | 100,00 |
Designation | Time (hours) |
---|---|
Estudo autónomo | 0,00 |
Total: | 0,00 |
According to the rules enforced in Faculty
According to the rules enforced in Faculty
According to the rules enforced in Faculty
According to the rules enforced in Faculty
Considering particular topics, additional bibliography will be included in the summary of each class.