Foundations of Law (2 º Sem 2019/2020)
Program
Introduction
- The need for an introduction to the Law;
- Method of acquisition and evaluation of knowledge.
Law and Society
- The plurality of meanings of the word Law: objective law, subjective law, Science of Law;
- Legal order and other normative orders: moral, religious, social conduct.
The values pursued by the Law
- Justice, fundamental rights and freedoms;
- Safety;
- Economic and social welfare.
Characteristics of the Law and of the juridical
- Concept of system and of juridical rule;
- Features of the system and of the juridical rule.
Branches of law
- Concept. Public law and private law;
- National law, the European Union law and International law.
The political system and the legal system
- Constitution of the Portuguese Republic: structure and content;
- The concept of Democratic State of Law;
- Organization of the political and jurisdictional power.
Sources of Law
- Concept, enumeration, hierarchy;
- Legislative procedure:
- Parliament;
- Government;
- Infra-State law.
- Other sources;
- Illegality and unconstitutionality.
Application of the Law
- Duration and cessation of the Law;
- The application of law in time and space;
- Interpretation of the law;
- Integration of legal gaps (lacunae).
The Juridical relation
- Concept and structure (in general);
- Structure (in particular):
- Subjects:
- Natural persons;
- Legal entities;
- Object:
- Immediate object;
- Mediate object;
- Juridical Fact (in general):
- Concept;
- Juridical Business (negócio jurídico);
- Juridical Fact (in particular):
- Contracts in particular: the purchase and sale;
- Civil Liability;
- Guarantee:
- The juridical relation in general;
- Guarantee of the Obligations.
- The need for an introduction to the Law;
- Method of acquisition and evaluation of knowledge.
Law and Society
- The plurality of meanings of the word Law: objective law, subjective law, Science of Law;
- Legal order and other normative orders: moral, religious, social conduct.
The values pursued by the Law
- Justice, fundamental rights and freedoms;
- Safety;
- Economic and social welfare.
Characteristics of the Law and of the juridical
- Concept of system and of juridical rule;
- Features of the system and of the juridical rule.
Branches of law
- Concept. Public law and private law;
- National law, the European Union law and International law.
The political system and the legal system
- Constitution of the Portuguese Republic: structure and content;
- The concept of Democratic State of Law;
- Organization of the political and jurisdictional power.
Sources of Law
- Concept, enumeration, hierarchy;
- Legislative procedure:
- Parliament;
- Government;
- Infra-State law.
- Other sources;
- Illegality and unconstitutionality.
Application of the Law
- Duration and cessation of the Law;
- The application of law in time and space;
- Interpretation of the law;
- Integration of legal gaps (lacunae).
The Juridical relation
- Concept and structure (in general);
- Structure (in particular):
- Subjects:
- Natural persons;
- Legal entities;
- Object:
- Immediate object;
- Mediate object;
- Juridical Fact (in general):
- Concept;
- Juridical Business (negócio jurídico);
- Juridical Fact (in particular):
- Contracts in particular: the purchase and sale;
- Civil Liability;
- Guarantee:
- The juridical relation in general;
- Guarantee of the Obligations.