Family Law
Code
LM106
Department
Área de Ensino
Credits
4
Teacher in charge
Cristina Pimenta Coelho
Weekly hours
3
Teaching language
Português
Objectives
The aim of the course is to introduce students to the sources of family law and the legal regime applicable to family legal relationships with particular emphasis on the marital relationship and the relationship of sonship. We will also seek to sensitize students to the emergence of new relationships with an undeniable social importance but whose characterization has been questioned in doctrine as in the case of the partnership. We will try to draw attention to some problems that the current law raises and stimulate critical thinking of students, leading them to propose new solutions
Subject matter
I-Concept and purpose of the Family Law
II-The sources of family law with particular emphasis on the Constitution and the Civil Code
III-legal family relations
1 – Features
2 - The marital relationship:
a) Civil marriage and catholic marriage
b) Constitution
i) The impediments to marriage
ii) The formalities of marriage
iii) The vices of consent
iv) Invalidity of marriage
c) Effects
i) Personal effects
ii) Patrimonial effects: administration of property of the spouses; marital illegitimacy; responsibility for debts, contracts between spouses and donations to marriage
d) The prenuptial agreements and property regimes
e) Modification
f) Extinction: divorce and death
g) The division of property of both spouses
3 - The kinship
a) Lines and degrees of kinship
b) Motherhood and fatherhood:
i) Establishment
ii) Effects: parenting responsibilities
iii) Relations similar to parenthood
4 - The relationship of affinity
a) Constitution
b) Extinction
5 - The adoption
a) Concept and types
b Full adoption
c) Restricted adoption
d) International adoption
6 – Marriage de facto
a) Constitution
b) Effects
c) Termination
IV-Maintenance obligation
Bibliography
COELHO, Francisco Pereira/OLIVEIRA, Guilherme de, Curso de Direito da Família, Volumes I e II, Coimbra Editora, 4ª edição, 2008
PINHEIRO, Jorge Duarte, O Direito da Família Contemporâneo, Lisboa, 2010
LIMA, Pires de/VARELA, Antunes, Código Civil Anotado, Vol IV, 2ª edição, Coimbra Editora, 1992Teaching method
The teaching methodology adopted for this course is the presentation and discussion of theoretical concepts of law related to the reading and analysis of legal texts and of practical issues which will allow the students to come in contact with past and present reality, not only theoretical but also practical, in order to analyze and present solutions to practical problems in the classroom according to the program. The final assessment consists of a 3 hours written exam that will focus on all the subjects taught until one week prior to the exam.