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Notarial Law and Civil Registry 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Final Assessment


General objectives of the UC:
1. Describe the notarial function and the civil registration as instruments at the service of substantive law.
2. List the procedures that notarial acts must contain.
Specific objectives of the UC
3. Properly classifying nothings of notarial acts.
4. Explain with details of the notarial deeds and notarial qualification justifications and list the species and requirements of wills.
5. Elucidating authentications, certifications and recognitions
6. Explain the concept and functions of the Civil Registry and distinguish which facts subject to registration.
7. Recognize the principles of civil registration.
8. To characterize the acts of civil records in general and in particular.
9. Describe the simplified procedure for hereditary succession and the divorce proceedings and separation of people and goods, and also the private processes of civil registration.
10. Recognize the existing evidence in civil registration.

Recommended Prerequisites

Law of obligations, contracts, Family Law, Rights of Succession and Property Law.

Teaching Metodology

1. Expositive method: lecture of the syllabus followed by the presentation of powerpoints, guided reading text ...
2. Interrogative method: in order to stimulate student's participation, the teacher questions him directly, makes statements to comment (even wrong statements), with the aim of stimulating the student's critical thinking, scientific curiosity and his autonomy to the resolution of practical issues.
3. Active method: resolution of practical issues to question students on their apprehension of subjects.

Body of Work

1.1 The notarial function.
1.2 Notarial acts.
1.3 Formalities of the acts. Representation.
1.4 Vices of the acts.
1.5 The public deed and authenticated private documents.
1.6 Unbundled public instruments
1.7 The recognitions and certifications

2.1 Principles.
2.2 The birth, marriage and death.
2.3 Nationality.
2.4 Private processes of civil registration.
2.5 Evidence. Certificates.

Recommended Bibliography

GUERREIRO, J. A. Mouteira – Temas de Registos e de Notariado; Coimbra, Almedina, 2010, ISBN 9789724041186

FIGUEIREDO, David Martins Lopes – Titulação de Negócios Jurídicos sobre Imóveis – Em Especial Por Documento Particular Autenticado; Coimbra, Almedina, 2015, 2.ª Edição – Reimpressão, ISBN 9789724056395
GUERREIRO, J.A.Mouteira - Ensaio sobre a Problemática da Titulação e do Registo à Luz do Direito Português; Coimbra, Coimbra Editora, 2014, ISBN 9789723222197
JARDIM, Mónica - Escritos de Direito Notarial e Direito Registal; Coimbra, Almedina, 2015, ISBN 9789724060224
FERREIRINHA, Fernando Neto – Manual de Direito Notarial – Teoria e Prática; Coimbra

Complementary Bibliography

Papers and texts on the subjects taught and delivered by teachers.

Weekly Planning

1st week
Set.º 12 / 1st class / Theoretical
Presentation. bibliographical and methodological guidelines. Indication of the evaluation system and working classes. The notarial function
Competence and functional impediments

2nd week
19 set.º / 2nd class / Theoretical
normal and special organs of the notarial function. Impediments. Notarial principles. exemplifications
23 set.º / 3rd class / Practice
Deformalization of notarial acts. The decree laws nºs 255/93, of 15 July; 28/2000 of 13 March; 237/2001 of 30 August; 76-A / 2006 of 29 March; 116/2008 of 4 July.

3rd week
26 set.º / 4th class / Theoretical
The documents and their species. Analysis of authentic document and the particular, namely authenticated and recognized. Execution of notarial acts. Species instruments and their requirements. common procedures.
30 set.º / 5th class / Practice
Representation. Species: legal, voluntary and organic. common procedures. Notion of representation. legal representation. Impairments of minors. Prosecutor's authorization. voluntary representation. Letter of attorney. general powers of attorney and special powers. power of attorney form. Proxy "irrevocable." Substitutions. Extinction of power of attorney.

4th week
3 Oct. / 6th class / Theoretical
The concluding part of the public instrument. The reading and explanation of the content and "effects". Additional documents and foreigners. The requirements for the land register and to headquarters. The harmonization. The legitimation dispositive. exceptions
7 Oct. / 7th class / Practice
organic representation. Legal persons of common law. religious legal persons. commercial companies.

5th week
10 Oct. / 8th class / Theoretical
The value of goods. Accidental stakeholders. The nullifies. The revalidation of the acts. Cases of public deed. The constitutions of associations and foundations. The definition and notarial qualification
14 Oct. / 9th class / Practice
common formalities of notarial instruments - analysis of a) to g) of Article 46 of the CN.
public deed Notion and Document Private Authenticated (DPA). The various stages of preparation of a DPA.

6th week
17 Oct. / 10th class / Theoretical
The scriptures in particular: a driver's heirs. Notarial justifications. The three cases of justification. Other scriptures prescribed by law.
21 Oct. / 11th class / Practice
Acts subject to public deed purchase and sale - Meaning - Form
Limitations on the contract. rights to legitimation principle - Purchase and sale between spouses - Public Prosecutor's authorization - Sale to children or grandchildren - Sale of land suitable for cultivation (fractionation)
Legal regime of urbanization and edification.

7th week
24 Oct. / 12th class / Theoretical
Explanation of practical justifications. Reference to other scriptures: buying and selling, giving and sharing. Instruments "out of notes."
28 Oct. / 13th class / Practice
Legal regime of urbanization and edification.
use permit - Housing Data Sheet -
real estate agent intervention -Certified energy and air quality.
Constitution of ownership or increase the number of compartes of farm building

8th week
31 Oct. / 14th class / Theoretical
The loose instruments. Species: explanation of each of them. Certificates and their role. Certificates and public ways. Endorsements.
4 Nov. / 15th class / Practice
Preparation of a power of attorney with special powers to buy and sell real estate and respective authentication term.

9th week
7 Nov. / 16th class / Theoretical
Translations. Endorsements and recognitions. Denials and resources.
Introduction to civil registration. Brief History of the Civil Registry. The Civil Registry Code and its institution as required. The principle of compulsory and absolute effectiveness.
11 Nov. / 17th class / Practice
Preparation and a private Document Purchase, appropriate Authentication and Electronic Term Deposit.

10th week
14 Nov. / 18th class / Theoretical
Concept and functions of civil registration. The facts subject to registration: those relating to marital status and new paragraphs j) to n) of article 1.º. Civil Registry principles
18 Nov. / 19th class / Practice
Concept - Conditions - Restrictions on the admissibility of justification - Holders - Documents - Prior notification - Publications - Disputes Tax Obligations.
notarial license. Definition - Holders -Documents instructive.

11th week
21 Nov. / 20th class / Theoretical
The principles of the Civil Registry (continued). Competence in Civil Registry. The parts". Bodies of the Civil Registry. Acts of Civil Registry.
25 Nov. / 21st class / Practice
simplified procedures for hereditary succession. Enabling of heirs, sharing and records. Enabling of heirs with or without records. Sharing and records. Additional requests. Subsidiary application. Enabling of heirs. Sharing.

12th week
28 Nov. / 22nd class / Theoretical
Acts of registration. Documents. Seats - for registration and transcription and endorsements to change, update and rectification. Birth. Requirements. The concept of naturalness. The name. Composition of the name.
2 dez.º / 23rd class / Practice
Private processes of civil registration. process forms. Competence and legitimacy. Application and opposition. Quotes. Testimonial evidence. Process of judicial justification: application domain. Process.

13th week
5 dez.º / 24th class / Theoretical
The wedding. Death.
Dez.º 9 / 25th class / Practice
Private processes of civil registration: The process of administrative reasons. Scope. wedding impediment process. impediments waiver process.

14th week
Dez.º 12 / 26th class / Theoretical
Registration vices. Common processes and special.
Dez.º 16 / 27th class / Practice
procurement process for smaller wedding permit
healing process of marriage annulment for lack of witnesses
Process of registration certificate supply

15th week
Dez.º 19 / 28th class / Theoretical
Process of divorce and separation by mutual consent
Process of name change

Demonstration of the syllabus coherence with the curricular unit's objectives

Objective 1 is achieved by the study of the entire UC program.
With the study of 1.3 attains the objective 2
The objective 3 is obtained with the study of point 1.4
The 1.2 study allows achieving the objective 4.
The objectives 5 and are achieved through the study section 2.2 and 2.3
The 2.1 study allows realize the point 6
The objective 8 is achieved by the section 2.4 study
Point 2.5 allows achieving the objective 9.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

The teaching methods used enable to reach the objectives pursued by the CU and are consistent with them because, after the presentation by the teacher and understanding of the content by the students (expositive method), they are faced with issues that have to resolve, assertions that they have to comment, characterize and analyze (interrogative method). Furthermore, in the autonomous work they have to read and comment judgments, sometimes even before the contents are lectured, and solve practical real or "invented" issues (active method). Thus, at the end of the semester, students that attended the class and did their work / autonomous study will reach the intended objectives and shall have the intended skills.

relevant generic skillimproved?assessed?
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