Family Law 2017/2018
- 6 ECTS
- Taught in Portuguese
- Both continuous and final Assessment
- relevant skillset
Contribute to a better understanding of family legal relations
At the end of the course students should be able to:
Identify the sources and characters and know the principles of Constitutional Law, Family Law;
-Know The legal concept of family and distinguish the different family relationships.
-Dominar The concept of marriage and distinguish the various matrimonial systems.
-Know The effects, personal and property, marriage, identify the marriage contract, master the rules of the administration of marital property and liability for debts of the spouses;
-Know Cases of modification of the marital relationship;
Understand the concept and cases of termination of the marriage relationship;
- Know the legal regime of de facto unions.
- Know and dominate the legal system of parenting, adoption and affiliation
Full graps of materials taught in General Theory of Law, Property Law, Law of Obligations
The teaching method adopted in this course favors the self-study student. Theoretical classes, subject to the prior exposure of the subject by teachers, will be made of the interrogative method. In practical classes, conduct will be practical cases inspired by the forensic practice and will be made of, as well, to direct questioning students about the matter already taught in lectures and detailed and circumstantial analysis of technical issues. It requires, therefore, attendance and active participation of students in class.
Body of Work
I - INTRODUCTION - GENERAL CONCEPTS
Sources of Family Law
Constitutional Principles of Family Law
Characters of Family Law
II - FAMILY RELATIONS
1 family legal notion. Family relationships (marriage relationship and kinship relations, affinity and adoption).
5. Marriage (The concept matrimonial systems and the Portuguese system personal and property effects:.. Prenuptial Convention, Administration of home goods; Liability for debts of the spouses)
5.1. Modification of the marital relationship (A separation of people and goods; The simple judicial separation of property)
5.2 Termination of the marriage relationship (Divorce: modalities and effects)
6. The Union of Fact
7.2 Adoption and Affiliation
CAMPOS, Diogo Leite de, CAMPOS, Mónica Martinez de – Lições de Direito da Família, 3ºed., Coimbra: Almedina, 2016
DIAS, Cristina M. Araújo - Uma Análise do Novo Regime Jurídico do Divórcio, 2º ed., Coimbra: Almedina, 2009
COELHO, F. M. Pereira, OLIVEIRA, Guilherme de – Curso de Direito da Família (Vol I), 5ª ed., Coimbra: Coimbra Editora, 2016
COELHO, F. M. Pereira, OLIVEIRA, Guilherme de – Curso de Direito da Família (Vol II). Coimbra: Coimbra Editora, 2006
LIMA, Pires, VARELA, Antunes – Código Civil Anotado (Vol IV).Reimpressão. Coimbra: Coimbra Editora, 2010
OLIVEIRA, Guilherme de - Temas de Direito da Família. Coimbra: Coimbra Editora, 2001
PINHEIRO, Jorge Duarte - Direito da Família Contemporâneo. A.A.F.D.Lisboa, 2016
SOUSA, Miguel Teixeira de - O Regime Jurídico do Divórcio. Coimbra: Almedina,1991
SOTTOMAYOR, Clara - Regulação do Exercício dasResponsabilidades Parentais nos Casos de Divórcio, Reimpressão da 6.ª Edição Revista, Aumentada e Actualizada, Coimbra: Almedina, 2014
Sources of Family Law
Characters of Family Law
The constitutional principles in family law
The Family relations:
- The adoption
The Family relations:
- The marriage (concept)
Wedding background requirements
Wedding formal requirements
The personal effects of marriage
The conjugal duties
The property regime:
- The marriage contract (substantive requirements and formalities)
The fellowship scheme of acquired
The regime of the general community property and the separation of property regime
1 Mini test
Property regime - conclusion
The administration of the couple's property
The liability for debts of the spouses
The simple judicial separation of property
The separation of people and goods
Divorce by mutual consent (administrative and judicial proceedings process)
The divorce without the consent of a spouse
The effects of divorce.
The fact that union.
Membership (introductory notions: birth, motherhood, fatherhood, the relevance of science in establishing the membership)
Maternity establishment (For statement and statement; Disputes registered motherhood; The common action of motherhood research; The special action when the mother is married)
2 Mini Test
The adoption and the effects of membership. Conclusion of the matter.
Synthesis of matter taught in lectures; question of the students.
Question students about the issues covered in the lectures; review of the matter dealt with so far and introduction of methodology of solving practical examples and analyzes of cases inspired by real life.
Kinship degrees; explanation; calculation; practical exercises.
Matrimonial capacity; diriment and impedientes impediments: explanation and resolution of practical cases.
Causes of absence and annulment of civil marriage: practical examples.
Development of the matter taught in lectures: a marriage contract, the regimes of property, donations to marriage, inheritance arrangements with content.
The regime of community acquired: own goods and common property; question of the students and resolution of practical cases.
The regimes of the general community property and separate property: Question of students and resolution of practical cases.
Marital property management: practical examples. Exercises.
Liability for debts: practical exercises.
Practical exercises: property regimes, administration and responsibility for debts.
Divorce effects: sharing under Article 1790.º DC: practical exercises.
Case studies on the establishment of maternity and paternity. Jurisprudential analysis.
Case studies on the establishment of maternity and paternity.
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Demonstration of the syllabus coherence with the curricular unit's objectives
In Family Law of nuclear institutes get exposed understand and explain the rules essences students in order to have solid knowledge in this area. Thus, students will be able to:
- Identify the sources and characters and know the principles of the Constitutional Family Law through exposure and of Chapter I study
- Know the legal concept of family and distinguish the different family relationships through the exhibition, study and analysis of the points 1-4 of Chapter II
- The study of Section 5 of Chapter II will allow students to master the concept of marriage to distinguish the various matrimonial systems, meet the personal and property consequences of the marriage, master the rules of administration and responsibility for debts, know the cases of modification marital relationship; understand the cases of termination of the marriage relationship.
- At the end of Chapter II students will still be able to master the rules of the partnership, adoption and parenting.
Demonstration of the teaching methodologies coherence with the curricular unit's objectives
For all the objectives of learning, teaching methodology relates to the theoretical exposition and practice of taught material, allowing the student to have a view of the legal doctrine of each explained institute, but also have the opportunity (in practical classes) to have a vision and application to situations fictional by the teachers where students can experience the application of the respective teachings in practice.
Namely, that the student is able to identify the sources and the characters and know the principles Constitutional family law, know the legal concept of family and distinguish the different family relationships (marriage relationship and kinship relations, affinity and adoption, master the concept of marriage and distinguish the various matrimonial systems, will be made of the lecture method as a way of introduction to the self-study of the problems of the student, the resolution of practical exercises, to direct interrogation of the students and analysis of technical issues .These methods should be supplemented by autonomous study and research.
|relevant generic skill||improved?||assessed?|
|Achieving practical application of theoretical knowledge||Yes||Yes|
|Analytical and synthetic skills||Yes||Yes|
|Ethical and responsible behaviour||Yes||Yes|
|Information and learning management||Yes||Yes|
|Problem Analysis and Assessment||Yes|
|Understanding multiculturalism and valuing diversity||Yes|
|Written and verbal communications skills||Yes||Yes|