Introduction to the Study of Law

None.

Theoretical-practical methodology: initial theoretical exposition (legal/doctrinal/jurisprudential) of each theme; complementary practical framework, with active participation of students (exposition of jurisprudential cases/practical hypotheses, to consolidate the theoretical knowledge taught).

Allow students to have a global and specific perspective on the different basic law concepts, namely, the functions and characteristics of the legal order, its effects and the main sources of law. After that, it shows how the Portuguese Constitution shapes the democratic rule of law and what are its fundamental principles.
A similar analysis is made of European Union law, considering its weight and influence in the Portuguese legal order. Next, natural and legal persons are studied, including the acquisition of personality and legal capacity, and their property rights, such as credit, property rights, ownership, and non-property rights, such as personality rights. An item will also be dedicated to the sources of obligations, in particular contracts, torts, and civil liability, as well as company law.

Fundamental objectives of the curricular unit: a) teach how to think about Law, providing students with the indispensable qualification theoretical; b) apply it in the resolution of legal cases.

THE LAW

1. THE OBJECTIVE LAW

1.1 General characterization

1.2 The importance of law

1.3 Law as a human and social phenomenon

1.4 Law as a normative domain of the social order

2. THE LAW BETWEEN NORMATIVE ORDERS: RELIGION, COURTESY AND ETHICS

1.1 Order of social treatment (social uses, rules of etiquette and good manners)

1.2 Religious order

1.3 Moral order

3. THE LEGAL ORDER AS A NORMATIVE ORDER – THE LEGAL STANDARD. FUNDAMENTAL PROBLEMS

3.1 Objective law and subjective rights

3.2 Definition and structure

3.3 Characteristics of legal rules

3.4 Classification of legal rules

4. THE FUNDAMENTAL VALUES OF LAW

4.1 Justice, equity, security and certainty

5. LEGAL GUARANTEE. PRIVATE GUARDIAN AND PUBLIC GUARDIAN

5.1 Private justice and public justice

5.2 Compulsory guardianship (compulsory measures)

5.3 Repressive tutelage

THE SOURCES OF LAW

1. WAYS OF CREATING LEGAL STANDARDS. THE SOURCES OF LAW

2. LAW 

2.1 Law (hierarchy) 2.1.1 Constitutional Laws

3. CUSTOM

4. CASE LAW

5. DOCTRINE LARGE SYSTEMS OR FAMILIES OF LAW

1. THE DIVISION OF THE LEGAL SYSTEM:BRANCHES OF LAW (INTERNATIONAL LAW AND INTERNAL LAW)

1.1 PUBLIC LAW AND PRIVATE LAW

1.2 PRACTICAL IMPORTANCE OF THE DISTINCTION BETWEEN THE DIFFERENT BRANCHES OF LAW

1.3 PUBLIC LAW

1.4 PRIVATE LAW

1.5 OTHER BRANCHES OF LAW

1.6 EUROPEAN UNION LAW LEGAL METHODOLOGY

1. THE INTERPRETATION OF THE LAW

1.1 Forms of interpretation

1.2 Elements of interpretation

1.3 Results of the interpretation

2. THE INTEGRATION OF THE LAW

3. THE PROBLEM OF LAW APPLICATION

3.1 APPLICATION OF LAWS IN SPACE

3.2 APPLICATION OF LAWS IN TIME THE LEGAL RELATIONSHIP

1. THE LEGAL RELATIONSHIP

1.1 Abstract and concrete legal relationships

2. THE SUBECTIVE RIGHTS

2.1 Concept of subjective right

2.2 Subjective law and legal duty

2.3 Potestative right and subjection

3. CLASSIFICATION OF SUBJECTIVE RIGHTS

3.1 Innate rights and non-innate rights

3.2 Property rights (ownership) and non-property rights

3.3 Absolute rights and relative rights

3.4 Available rights and unavailable rights

4. PERSONALITY RIGHTS, CREDIT RIGHTS AND OWNERSHIP

5. ACQUISITION, MODIFICATION AND EXTINCTION OF RIGHTS

6. ELEMENTS OF LEGAL RELATIONSHIP

6.1 THE SUBJECTS

6.2 THE OBJECT

6.3 THE LEGAL FACT

6.4 Warranty of obligations

NAO

BIBLIOGRAFIA OBRIGATÓRIA

SANTOS JUSTO, António, Introdução ao Estudo do Direito, 13.ª edição, Almedina Editora, Coimbra, 2022.

Código Civil

BIBLIOGRAFIA COMPLEMENTAR

NOGUEIRA BRITO, Miguel. Introdução ao Estudo do Direito, 3.ª edição, AAFDL Editora, Lisboa, 2022.

LOPES LUÍS, Sandra, Introdução ao Estudo do Direito – Sumários das Aulas Práticas e Hipóteses Resolvidas, 4.ª edição, AAFDL Editora, Lisboa, 2022.