Property Law

The course presupposes a strong knowledge of the essential notions of Law, taught either in the Introduction to Law or in the General Theory of Civil Law, since the rhetoric of legal-real rights implies the use of many legal institutes, taught in such disciplines.

The teaching method is theoretical-practical, appealing, essentially, to a critical participation of students, simulating, here and beyond, theoretical-practical situations, similar to those they will know in forensic life. More than expository teaching, inclusive, provocative-to-criticism and student participation are required.

To allow to the pupils a global and specific perspective of the definitive and provisory ordinance of the property in the Portuguese legal system. To endow the pupils with the “typical grammar” of the Property law, in the direction of allowing the boarding them
of the diverse “real” situations, that they will go to find to the level of the practical forensic life, in the direction of them legally to characterize correctly all the real professional situation.

Part I – PROPERTY LAW (GENERAL PART)
Introduction
Chapter I – Concept of Property Law
Chapter II – Characteristics of Property Law
1. Absolute Effectiveness
2. Right of Sequela (Follow-up)
3. Prevalence
4. Inherence
5. Other Characteristics
Chapter III – Structural Principles of Property Law
1. Introduction
2. Principle of Objectification
3. Principle of Speciality (or Individualisation)
4. Principle of Totality of the Thing
5. Principle of Compatibility (or Exclusion)
6. Principle of Elasticity (or Consolidation)
7. Principle of Transferability
8. Principle of Consensualism
9. Principle of Typicity
10. Principle of Publicity
Chapter IV – Modalities of property laws
1. The rights in rem of joy
2. The rights in rem of acquisition
3. The rights in rem of guarantee
Chapter V – Legal Nature
Chapter VI – Figures Related to Property Law
1. Real Obligation
2. Proprietary Claim
3. Real Burden / Encumbrance
Chapter VII – Property Law and Credit Rights
Chapter VIII – Things: Concept and Classification
1. Concept
2. Classification
3. Animals

Part II – Ownership
Chapter I – Characterisation
Chapter II – Classification
Chapter III – Effects
Chapter IV – Acquisition
Chapter V – Conservation
Chapter VI – Protection of Ownership
Chapter VII – Loss of Ownership
Parte III – PROPERTY LAW (RIGHTS IN REM) – SPECIAL PART

A – THE RIGHTS IN REM OF JOY
Chapter I – The Property
1. Characterization;
2. Modalities;
3. Legal Limitations:
3.1 for public interest
3.2 private interest
4. Acquisition:
4.1 Original acquisition
4.2 Derivative acquisition
5. Protection
6. Extinction

Chapter II – Private Waters
1. Characterization
2. Use

Chapter III – Comproperty
1. Characterization
1.1. Concept
1.2. Similar concepts
2. Constitution
3. Legal nature

Chapter IV – Horizontal Property
1. Characterization
1.1 Concept
1.2 Object. Requirements
1.3 Legal Nature
2. Constitution and Modification
3. Legal Regime
3.1 Fundamental Principles
3.2 Limitations
3.3 Rights of Preference and Division
3.4 Charges
3.5 Administration of common parts

Chapter V – Usufruct
1. Characterization
1.1 Concept
1.2 Characteristics
1.3 Modalities
1.4 Legal nature
2. Constitution
3. Legal regime
3.1 General regime
3.2 Special regime
3.3 Obligations of the usufructuary
4. Extinction

Chapter VI – Use and habitation
1. Concept
2. Characteristics
3. Constitution
4. Legal regime
5. Extinction
6. Legal nature

Chapter VII – Surface Rights
1. Characterization
2. Constitution
3. Legal regime
4. Extinction

Chapter VIII – Easements
1. Concept
2. Legal nature
3. Characterization
4. Constitution
5. Modalities
6. Legal regime
7. Extinction

Chapter IX – Periodic Housing
1. Characterization
2. Constitution. Modification. Transfer
3. Legal regime
4. Extinction

Chapter X – Real Right of Permanent Residence
1. Characterization
2. Constitution. Transfer
3. Legal regime
4. Extinction

B – The rights in rem of acquisition
Chapter I – Right of Preference with real effectiveness
Chapter II – Promissory Contract with real effectiveness
Chapter III – Other real rights of acquisition

C – The rights in rem of guarantee
Chapter I – Consignment of income
Chapter II – Pledge
Chapter III – Mortgage
Chapter IV – Credit privileges
Chapter V – Right of retention
Chapter VI – Attachment
Chapter VII – Financial guarantee contracts

NAO