– Know the importance of the Administrative Law and of the administrative organization
– Possess critical thinking and ability to deal with and solve practical situations
After concluding this Curricular Unit, the student should be able to:
1 – know the administrative law and identify its characteristics;
2 – Know and distinguish the various sources of Administrative Law;
3 – Understand and characterize the portuguese administrative organization and distinguish its principles;
4 – Identify / distinguish when the government is bound to act or use of discretion.
1 – The Administrative Law
2 – The Public Administration
3 – The Administration and the Law
4 – The sources of Administrative Law
5 – Administrative organization
1- To know the importance of Constitutional Law.
2- To know the main norms of the TUE-Lisbon and TFEU.
1- To know the main norms of Constitutional Law and the main aspects of the Portuguese constitutionalism;
2 – To reproduce the theory of the constitution and the constituent power and to recognize the fundamental Rights in the CRP and the concept and functions of the State;
3- Identify economic and political systems and the government systems and political parties;
4 – Demonstrate the review of constitutionality;
5- Understand the genesis of the European Union and the evolution of the Lisbon Treaty, as well as understand the sources and principles of EU law;
6 – Acquire knowledge of EU objectives, freedoms of movement, EU institutions (and bodies) and EU competences, applying the knowledge thus acquired to the relationship between EU law and national law.
I- Constitutional Law
1- The Constitutional Law
2 – The Portuguese Constitutionalism
3- Theory of the Constitution.
4- The Constituent Power
5- Fundamental Rights in the CRP
6- State: Historical Type, Purposes and Functions of the State
7- Economic and Political Systems and Regimes; Government Systems and Political Parties
8- Supervision of Constitutionality
II – European Union law
1. Introduction. From the genesis of the European Union to the Treaty of Lisbon
2. The objectives of the European Union (EU) and the freedoms of movement
3. The EU institutions (and bodies)
4- The sources and principles of EU law
5. EU competences
6- Relations between EU law and national law
1. To apprehend the concept of Juridical Order as normative order and to recognize its importance for the coexistence in society.
2. To know basic concepts of Law that will allow to create the bases of essential juridical reasoning for the study of other curricular units.
1. Understand the meaning of law, its framework in the social order, the purposes it pursues and its means of protectorship.
2. To know the structuring lines of the Legal Order and its sources.
3. To apprehend the concept of legal norm, its classifications and consequences of its violation.
4. Know the legal methodology, namely, interpretation of the law, integration of gaps and law enforcement in time and space.
5. Identify a legally relevant situation, apprehending the concept of legal relationship and its structuring elements.
6. Solve real or hypothetical situations that arise.
PART I – CONCEPT AND GENERAL FRAMEWORK OF THE LAW
1. The concept and nature of law
2. The law as a normative complex and the other normative orders
3. The Purposes of Law
4. The protection of the law
PART II – LEGAL STRUCTURE
1. Branches of Law
2. Sources of Law
2.1. Classification of Law Sources
2.2. Sources Cast
2.2.1. The law
2.2.2. The Jurisprudence
2.2.3. The doctrine
2.2.4. The custom
3. The Legal Standard
3.1. Concept and structure of the rule of law
3.2. Characteristics of the legal norm
3.3. Breach of legal rules – legal sanctions
PART III – LEGAL METHODOLOGY
1. Application of the Law, individualization of the norm and fullness of the legal order
2. Dynamics of the law
3. Interpretation of the law
4. Integrating the gaps in the law
5. Law enforcement in time and space
PART IV – LEGAL RELATIONSHIP
1. Concept of legal relationship
2. Structuring elements of the legal relationship
2.3. Legal fact
– have a critical culture and ability to solve problems within the economic-business area;
– set up / integrate multidisciplinary groups / teams in the context of economic and business cooperation at national and international level.
1 – to understand and apply techniques to choose between financial products;
2 – to use the necessary instruments (concepts, processes and methodologies) to choose between different options;
3 – to decide operationally or strategically towards corporate goals.
1 – Basic principles of financial maths
2 – Capitalization regimes (simple and compound)
3 – Problems related with interest rates
4 – Actualization (capital discount)
5 – Rents
A. Mastering the main concepts and general principles of CPD
B. Studying effective and provisional judicial protection
C. Building foundations for understanding the judicial system
D. to know the relevant procedural acts in the declaratory process and in the protective custody
E. Understand the object, characteristics and sources of the CPS
F.Identify and interpret the general principles of civil procedure
G. Classify the actions according to object, form and interests under discussion.
H. Knowing the declarative procedural formalism
I. Be able to comply with the procedural requirements
J. Identify the procedural faults and the consequences according to whether the defect is curable or insanitary
K. Knowing the procedural legal relationship and the vicissitudes of the instance
L. Rule the procedures of the common declaratory action and the examination of the process.
M.Understand the formalism of the special procedures of debt collection
N. Applying the substantive and adjective regime of evidence
O.Identifying protective procedures
CAP I. INTRODUCTION
1.Concept, characteristics and sources of the CPD
2.Fundamental Principles of the CPD
CAP II. CLASSIFICATION OF ACTIONS
3.Regarding the object, form and interests under discussion
CAP III. PROCEDURAL REQUIREMENTS
4.Concerning the Parties
a.Personality and judicial capacity
c.Mandatory Judicial Assistance
d.Interest in Acting
5.Concerning the Court
6.Concerning the Object of the Cause
7.Failure of Procedural Requirements
CAP IV. PROCEEDINGS
8.Initiative, stay and termination of proceedings
CAP V. DECLARATORY PROCESS
c.Service and notifications
d.Procedural acts in general. Counting of deadlines.
ii.Principles of defence
f.Replica and supervening Articulate
10.Intermediate stage: organization of the process and sanitation
11.Final phase: final hearing and judgment
12.Injunction procedure and AECOPE
CAP VI. PRELIMINARY
General objectives: Upon completion of this course, the student should be able to:
– Dominate basic notions of Family Law;
a) Distinguish civil marriage from Catholic marriage, apreend the requirements of civil marriage, particularly matrimonial capacity and consent, as well as the de marital relationship;
b) Understand the patrimonial and personal effects of marriage;
c) know the forms of suspension and dissolution of marriage;
d) Learn the rules of the legal system of filiation, adoption and civil sponsorship.
e) Know the rules of the maintenance obligation.
f) Understand and deal with the legal regime of the Juvenile Law.
I – BASIC NOTIONS OF FAMILY LAW
II – MARRIAGE
III – NONMARITAL RELATIONSHIPS
IV – FILIATION
V – ADOPTION LEGAL REGIME
VI – “APADRINHAMENTO CIVIL” – SHORT NOTICE
VII – SUPPORT OBLIGATIONS
VIII – MINORS LAW
Understand the rules and fundamental principles of the general theory of obligations
Solve practical exercises in the framework of compulsory relationships
1. Know and contextualize the concepts and principles of the Law of Obligations.
2. Master the interpretation and application of the rules governing the relations of credit, based on the concept of obligation.
3. Identify the sources, the obligations, the guarantees of obligations and the mechanisms of compliance and non-compliance with obligations
II Sources of obligations
III Modalities of obligations
IV Guarantees of the obligations
V Fulfillment and non fulfillment of obligations
General Objectives (OG):
OG1. Understanding the fundamental concepts of labor law;
OG2. To apply the legal regime (Labour Code) in resolving issues relating to the individual employment relationship.
Specific Objectives (OE)
After completion of UC, the student must be able to:
OE1. resolving specific issues affecting individual employment relationship, since its inception (the formation of the employment contract) to its termination;
OE2. know the system of collective labor relations, including collective subjects, the IRCT and the type of collective conflicts;
OE3. know the basic principles of labor process and the main differences from the Civil Procedure.
I – Characterization of Labour Law
II – Sources of Labour Law
III – Collective Labour Relations
IV – Individual employment relationship
The objectives of the UC are:
1. Seize the importance of Commercial Law and its legal regime
2. Demonstrate critical spirit and ability to deal with and solve practical situations
The specific objectives of UC are:
1. Formulate the concepts and historical evolution of Commercial Law
2. Reproduce the sources of Commercial Law
3. Explain the acts of commerce in general
4. Describe the legal regime of regarding traders, companies and the distinctive signs
I. INTRODUCTION TO COMMERCIAL LAW
1.1. Conceptions and historical evolution
II. ACTS OF TRADE, TRADERS, ENTERPRISES, DISTINCTIVE SIGNS
2.1. Of the acts of commerce in general
2.2. Two merchants
2.2.2. Qualified and non-qualifying subjects as traders
2.2.3. Merchant status
2.2.4. Signatures and denominations
2.2.5. Bookkeeping and accountability
2.3. Of companies
2.3.1. Business conception
2.3.2.Access to business
2.3.3. Business Business
III. OF DISTINCTIVE SIGNS OF COMPANIES
3.4. Denomination of origin and geographical indications
1 – Know the N.R.A.U. (New Urban Lease Scheme) and confront it with previous legal regimes;
2 – Characterize the relationships established between the owners and between them and the Condominium Administration;
3 – Identify the lease agreement and the respective legal framework;
4 – Know and analyze the various vicissitudes of the tenancy relationship;
5 – Apply the transitional regime to lease agreements prior to the entry into force of Law 6/2006 of 27/02;
6 – Recognize the rights and duties of joint owners and know the legal solutions to conflicts arising from their relations, particularly in the context of local housing.
I – THE RENTAL LAW
1 – General principles; Rental modalities; Elements of the lease agreement;
2 – Vicissitudes of the lease: transmission, succession, subletting, leasing, suspension;
3 – Termination of the lease: the modalities of termination of the lease;
4 – The rent update regime;
5 – Housing agreements entered into under the RAU and non-housing contracts entered into after DL No. 257/95 of 30/09;
6 – Housing contracts entered into prior to the validity of the RAU and non-housing contracts entered into prior to DL 257/95 of 30/09;
7 – Procedural provisions concerning urban leasing.
II – CONDOMINIUM
1 – Horizontal property and its constitution; Rights and Duties of Owners;
2 – Administration of the common parts of the building; The acts of the Condominium Administration and the Local Accommodation.
1. Develop competences that allow students to understand the rules related to the principles of tax law, namely constitutional, European and Portuguese law.
2. Provide the acquisition of knowledge about the main taxes of the Portuguese tax system, namely Personal Income Tax (IRS), Corporate Income Tax (IRC) and Value Added Tax (VAT), as well as the Statute of Tax Benefits.
Upon completion of this UC the student should be able to:
1. Perceive the tax theory, the distinction between tax and tax, the classification of axes, the sources of tax law and the study of the
legal relationship of tax.
2. Grasp the norms, jurisprudence, doctrine and main concepts of taxes.
3. Apply knowledge acquired in real situations in the exercise of the profession of Solicitor.
1. Tax Law – Nature, relations and autonomy of Tax Law
2. Tax Theory – Tax, tax and similar figures, times and tax classifications
3. Sources of Tax Law
4. Interpretation and Integration of Tax Law
5. The Legal-Fiscal Relationship
The Portuguese Tax System
The Personal Income Tax (IRS)
The Corporate Income Tax (IRC)
The Value Added Tax (VAT)
1. Understand the concept, principles, typology and practical relevance of general contract theory.
2. Know the essential elements of the main civil contract types.
1. Apply the legally relevant concepts of the general theory of contracts.
2. Know and apply to practical situations the legal regime of contracts for: purchase and sale; exchange; donation; lending; and mandate.
Part I – Of the Contracts in General
1.1. Concept and essential elements of contracts
1.2. Fundamental principles of contracts
1.3. Classification of contracts
1.4. The formation of contracts
1.5. Pre-contractual civil liability
1.6. Termination of contracts
2. The general contractual clauses
Part II – Of the Contracts in Special
3.1. Purchase contract
3.2. Exchange contract
3.3. Donation contract
3.4. Lending contract
3.5. Mandate contract
Deepening the knowledge gained by students regarding forensic practice through the practical application of skills acquired in the field of procedural law.
1. Know and apply the law on procedural costs, namely identifying and calculating the costs of proceedings and obligations inherent to it;
2. Count procedural deadlines;
3. Write procedural documents, namely, petition, defense, miscellaneous requirements; Use the citius platform, instructing injunction and executive request; Preparation of relevant extrajudicial documents, namely, transactions;
4. Prepare and know how to act in court hearings.
5. Issuing Unique Collect Documents
I. General Notions on Civil Procedure
I.1. The role of case law
II. The Procedural Costs
II.1. Justice fees: definition, payment and exemptions
II.3. Part costs
II.4. The process account
II.5. Legal aid
III. Preparation of procedural pieces
III.1. The device principle and the initial articulate
III.2. Service, timing and counting
III.3. The contradictory principle and the challenge
III.4. The hearings
III.5. The sentence
III.6. The expense account and the part costs
III.6.1. The execution for costs
General objectives of the CU:
– To know the function of land and commercial registration as instruments at the service of substantive law;
– Have critical mass and sufficient capacities to solve practical situations of registration;
UC specific objectives
1. Know the land and commercial register and identify its characteristics, purposes and principles;
2. Know and distinguish which facts are subject to registration and among which the facts subject to mandatory registration and the way in which each is registered;
3. Know and know how to organize a registration process, knowing, in particular, the process of supplying deficiencies, and the necessary documents for recording their facts, whether they relate to land registration or commercial registration;
4. Identify ways to challenge conservative decisions and the defects of the register
1.1 Purposes and functions of the registry.
1.2 The land description and the registered inscriptions.
1.3 Facts subject to registration.
1.4 Registers principles.
1.5 Vices of registration.
1.6 Registration process.
1.7 Termination of registration effects.
1.8 Advertising and means of proof.
1.9 Challenging Conservative Decisions.
1.10 The cost of the acts.
2. COMMERCIAL REGISTRATION:
2.1 Purposes of registration.
2.2 Registration and registration.
2.3 Registered principles.
2.4 Registration process.
2.5 Analysis of the facts subject to registrations, records by transcription and registrations by deposit.
2.6 Analysis of specific registration acts.
2.7 Advertising and means of proof
Know the importance of the Administrative Law and of the administrative activity;
Possess critical thinking and ability to deal with and solve practical situations within the administrative activity.
After concluding this Curricular Unit, the student should be able to:
1 – Understand, characterize and compare the various modes of action of the Public Administration;
2 – Know how to react to personal and property damages caused by the Public Administration;
3 – Identify, categorize and justify the invalid actions of the Public Administration and propose the possible reactions.
The Administrative Activity
1 – Generalities
2 – Core Principles
3 – Administrative Regulation
4 – Administrative Act
5 – Administrative Contract
6 – Administrative Liability
7 – Means of protecting individuals
1. Understand the importance of Criminal and Administrative Offenses Law for coexistence in society.
2. Identify and understand Criminal Law issues
3. Identify, understand and resolve Administrative Offenses Law issues
4. Know, identify and distinguish the penalties for criminal conduct in the face of the types of crime provided for by law (Penal Code and separate criminal legislation).
5. Know the different phases of the criminal procedure.
6. Understand the compensation scheme grafted onto criminal proceedings.
7. Recognize the prerequisites for committing a crime
8. Identify public, semi-public and private crimes
9. Distinguish the criminal offense from the administrative offense
10. Recognize the prerequisites for committing an administrative offense.
11. Know the different stages of the administrative offense process.
I: Criminal Law
1. Notion of Criminal Law
1.1. Criminal law and the punitive power of the state
1.2. Notion of Crime and Penalty
1.3. Notion of legal interest
1.4. Criminal Law and Procedural Law
1.4.1. The stages of the criminal process
1.5. Criminal offense and civil offense
2. Purposes of Criminal Law
3. Fundamental Principles of Criminal Law
4. Sources of Criminal Law
5. Interpretation, Integration and Application of Criminal Law in time and space
6. Prerequisites of Punishment
6.1. Procedural prerequisites
6.1.1. Nature of crimes: public, semi-public and private
6.1.2. Expiration and Prescription
6.2. Substantive prerequisites
7. Penalties and security measures
II: Administrative Offenses Law
1. Notion of Administrative Offenses
1.1. Administrative Offenses Law and Criminal Law
2. Material Regime
3. Procedural Regime
III: The Solicitor, Criminal Law and Administrative Offenses Law
1) To frame and contextualise the Alternative Dispute Resolution in the construction of an alternative justice, towards informalisation and de-judicialisation.
2) To know the path of Alternative Dispute Resolution in the administration of justice, as well as its contribution to a “new” justice.
3) Identify the Alternative Dispute Resolution Means: justices of the peace, mediation and arbitration, recognising advantages and disadvantages.
4) Know the procedural principles that govern the Justices of the Peace; as well as the competence of these courts and the procedural process, recognising all the stages and procedural rules.
5) Know the types of mediation and the public mediation systems.
6) Have knowledge of the law and the procedure of the Mediation.
7) To know the types of Arbitration and to dominate the legal regimen and the procedure of the Arbitration.
8) To know the statute of the Mediator and Arbitrator.
I – Introduction
1. Framework of the Alternative Dispute Resolution (ADR)
2. Definition of conflict
3. The different ADR: mediation, conciliation, arbitration and Justice of the Peace (JP)
4. The Pros and Cons of ADR
II – Justices of the Peace
5. Judicial Organization and JP
6. The principles that guide the JP. Confrontation with general procedural principles
7. Jurisdiction of the JP
8. Proceedings of the process in the JP
III – Mediation
9. Concept and related concepts
10. Principles and main characteristics
11. Types of mediation and public mediation systems
12. The mediation process
13. The Mediator. The mediator’s profile and deontology
IV – Arbitration
14. Concept and classification
15. Arbitration characteristics
16. Types of arbitration
17. Arbitration proceedings
1 – To know the scope of Civil Law, its Sources and Fundamental Principles;
2 – Understand the conception of the Legal Relationship and the Legal Business and have a critical spirit to analyze and understand
concrete situations that arise in this area of juridicity.
1. To know Civil Law as a branch of Common Private Law, to identify its Sources and its Principles;
2. Understand the Theory of Legal Relationship, identifying, distinguishing and characterizing in this, the elements that constitute it;
3. Analyze and understand the Theory of Legal Business, identifying and characterizing it, the elements that constitute it, as well as
the situations related to its validity and effectiveness;
4 – Resolve real or hypothetical situations that are placed within the scope of the Fundamental Principles of Civil Law, General
Theory of Legal Relationship and General Theory of Legal Business.
I – Introduction – Civil law as a common private law
II – General Theory of Portuguese Civil Planning
1 – Sources of Portuguese civil law
2 – Basic principles of Portuguese civil law
III – General Theory of Legal Subjects
1 – Natural persons
2 – Of collective persons
IV – General Theory of the Legal Business
1 – The legal facts
2 – The acquisition, modification and termination of Legal Relations
3 – The influence of time on Legal Relations (expiration, prescription and non-use)
4 – The legal transaction and the simple legal act
5 – The business object
6 – The inefficacy and invalidity of legal transactions
A. Contextualizing civil enforcement proceedings (CEP) in the current paradigm of de-judicialization
B. Studying the concept and aims of CEP
C.Analysing the general and specific procedural assumptions of the CEP
D.Exploring the phases and formalisms of theCEP from the executive application to the extinction of the execution
E. Studying declarative proceedings in the executive process
F. Recognising the procedural actors in the CEP
G. Applying the concept and aims of CEP
H. Applying the general and specific procedural assumptions of the CEP
I.Identify the enforcement titles as well as the certainty, enforceability and liquidity of the enforceable obligation
J. Mastering the formalities of the CEP for payment of the right amount
K.To know and identify situations that determine the existence of declarative proceedings
L. Knowing how to proceed with declarativeproceedings
M. Knowing how to apply the garnishment rules and the garnishment regimes
N.Know how to use the payment methods
O. Recognising the causes of the extinction and renewal of the extinguished CEP
A) Framework of the Civil Enforcement Proceedings (CEP) and General Part
1. Contextualization and paradigm of CEP
2. Enforcement Agent and Enforcement Judge
3. CEP: concept and aims
4. Typology of CEP
5. Procedural assumptions specific to the CEP: Executive Order; Certainty, enforceability and liquidity of the bond
6. General procedural requirements for executive action: jurisdiction of the court; judicial assistance; plurality of subjects and plurality of requests
7. The modalities of the CEP
(B) Common ordinary and summary CEP for payment of a certain amount
1. initial proceedings
2. Preliminary order; service of the defendant; dismissal of preliminary order and preliminary service; cases of preliminary order caused
3. Defences of execution
4. A garnishment and garnishment regimes
5. Opposition to garnishment
6. Convocation and competition
8. Extinction and renewal of the CEP
C) Other enforcement procedures
1. Enforcement for the delivery of a thing and service of facts
1. Understand the fundamental concepts of Consumer Law
2. Know how to apply the legal regime (fundamental legislation of Consumer Law) in solving issues related to the legal relationship
Upon completion of the UC, the student should be able to:
1. To know the notion of consumer, the origins and the fundamentals of consumer law
2. To grasp the legal framework of the general theory of consumer contracts and consumer contracts in particular
3. Understand alternative means of resolving consumer disputes
4. To solve practical cases on concrete issues, that affect the relation of consumption, from the formation, through the content and
the right of repentance, to the fulfillment of the contract of consumption
1. Introduction to Consumer Law
1.1. Origins and fundamentals
1. 2. Notion of “consumer”
2. General theory of the consumer contract
2.1. Formation of the contract
2.2. Contents of the contract
2.3. Right of withdrawl
2.4. Compliance with the contract
3. Consumer contracts in particular
3.1. Contracts concluded at a distance and off-premises
3.2. Contracts entered into in automated establishments
3.3 Sale of consumer goods
3.4. Essential public services
3.5. Consumer credit
4. Alternative dispute resolution
4.1. RAL Regime
4.2. RLL Regime
General objectives of the UC:
1. Understanding the basic principles of urban planning law.
2. Knowledge of the territorial administration system
3. Categorize the means of previous control
Specific objectives of the UC
4. Know in what consists the urban law ;
5. Identify and categorize the planning of territorial management;
6 Identify, analyze and distinguish the instruments of territorial management.
7. Analyse a concrete municipal plan face study law.
8. Distinguish the administrative procedures of urban previous control.
9. Identify the means of previous control face to concrete situations.
10. Recognise what are outstanding operations.
1. Planning Law and Urbanism Law
2. Urban Planning
a) Principle of typicality
b) Evolution of land management system
c) The differentiation between programs and plans
d) Territorial management tools
e) The land use system: classification and qualification
f) Relationship between the instruments of territorial management
g) Territorial management tools litigation
3. Urban Management
c) Scheduled plans execution
d) Expropriation for public use
4. Previous checking urban
1. Understand the delimitation of the concept and practical relevance of the study of the “Law of things” (or “Property law”)
2. Understand the concept and regime of Possession
3. Distinguish and understand the rights of ownership, security rights and rights of acquisition.
1. Practical applicability of the classification of possession and its means of defense;
2. Know and apply to practical situations the legal regime of the rights of ownership;
3. Know and apply to practical situations the legal regime of security rights;
4. Know and apply to practical situations the legal regime of rights of acquisition.
I. Introductory Notions of the Law of Things
II. The possession
III. Rights of Ownership
IV. Security Rights
V. Rights of Acquisition
OG1. Understand the basic concepts of Corporate Law;
OG2. To apply the legal regime (Código das Sociedades Comerciais) in the resolution of everyday corporate life problems.
After completion of UC, the student must be able to:
OE1. master the concepts and general principles;
OE2. know the type and characteristics of commercial companies;
OE3. apply the regime of formation of commercial companies;
OE4. know the partner status, the legal systems of social participation and social capital;
OE5. understand the functioning of commercial companies, in particular, the process of making corporate decisions and learn to practice the essential acts relating thereto.
1. Fundamental notions
2. Founding of partnership
3. Partner and shareholder
4. Social participation
5. Share capital
6. Organization and development of companies
1 – Apprehend basic and essential knowledge of conduct and professional ethics
2 – Understand the Status of Solicitors and Enforcement Agents (OSAE) and related regulations.
Upon completion of this Course, the student should be able to:
1 – Understand the organizational structure of OSAE and competence of each organ;
2 – Know the access regime the traineeship and the profession;
3 – Understand, identify and distinguish the rights and duties of the Solicitor and Enforcement Agent and the impediments and incompatibilities for the exercise of the profession.
1.1. Brief analysis of the Solicitor profession;
2. The Ethic:
2.1. General notions ;
2.2. Professional ethics;
2.3. Professional code of ethics ;
3. Statutes of Solicitors and Enforcement Agents ;
3.1. Organizational structure and responsibilities;
3.2. Conditions of registration, access to and training;
3.3. Rights, duties and incompatibilities;
3.4. Customer accounts;
3.5. Disciplinary proceedings.
1. Understand the general concepts and principles of the regime.
2. Know the mechanisms of recovery of debtors.
3. Know the assumptions and identify the insolvency bodies
4. Characterize the insolvent estate and the classification of credits
5. Know the effects of the declaration of insolvency
6. Understand the insolvency process and identify the phases of the insolvency plan.
1. Rationale, objective and evolution
II. ASSUMPTIONS OF INSOLVENCY
1. The insolvency situation
2. The debtor
III. BODIES OF THE INSOLVENCY
1. Insolvency administrator
2. Creditors’ Committee
3. Creditors’ Meeting
IV. INSOLVENT ESTATE AND CLASSIFICATION OF CLAIMS
1. insolvent estate
2. Claims on the insolvency and claims on the insolvency estate
V. EFFECTS OF THE DECLARATION OF INSOLVENCY
1. subjective effects
2. Procedural effects
3. Effects on claims
4. Effects on business in progress
5. Effects on acts detrimental to the general meeting of creditors
VI. INSOLVENCY PROCEEDINGS
1. Declaratory phase
1.1 Legal standing
1.2 The statement of claim
2. Enforcement phase
2.1 Graduation of claims
2.2 Insolvent estate
VII. INSOLVENCY PLAN
2. Approval and ratification
3. Implementation and effects
VIII. INSOLVENCY OF NATURAL PERSONS
1. discharge of the debtor for the remaining liabilities
2. Payment plan for creditors
1. Provide the acquisition of knowledge about the the Municipal Property Tax (IMI), the Municipal Tax on Real Estate Transfer
(IMT), the Stamp Tax, as well as the Benefits Statute Tax.
2. Disclose to students the terms on accomplishment of the tax liability, the guarantees that benefit the tax creditor and the
guarantees of the taxpayers.
3. Provide students with the necessary knowledge to study the tax proceedings and the tax process, tax infringements , offenses
and crimes as well their processing and means of reaction.
Upon completion of this UC the student should be able to:
1. Grasp the norms, jurisprudence, doctrine and main concepts of taxes.
2. Know and know how to apply the tax proceedings and tax process rules (in a general sense), including in the scope of Tax Infringements.
3. Apply knowledge acquired in real situations in the exercise of the profession of solicitor.
1. The Portuguese Tax System
1.1. The Municipal Tax on Real Property (IMI
1.2. The Municipal Tax on Real Estate Transfer (IMT
1.3. The Stamp Duty (IS)
1.4. The Statute of Tax Benefits
1. Tax obligation extinguishment and compliance guarantees
2. Tax proceedings and Tax process
3. Tax responsability
4. Tax infringements
(note: see detailed program in comments)
General objectives of the CU:
– Know the function of notary and civil registry as instruments at the service of substantive law;
– To have a critical mass and sufficient capacities to elaborate notarial acts and to solve practical situations of civil registry;
UC specific objectives
1. Know the notarization and the civil registry and identify its characteristics, purposes and principles;
2. To know and distinguish the different types of notarial acts and among them of particular relevance to those that can be practiced by the solicitors;
3. To know the vices suffered by notarial acts;
4. Know and know how to organize a civil registration process, knowing in particular the procedure of the marriage and divorce proceedings, and the necessary documents to organize the said processes and to record the respective facts and the corresponding means of proof.
1.1 The notarial function. Principles governing notarial activity.
1.2 Analysis of the different types of notarial acts of the solicitors’ competence.
1.3 Formalities of acts. Representation.
1.4 Vices notarial acts and ways to heal them.
1.5 The public deed and the authenticated private documents.
1.6 The Purchase and Sale of Real Estate and Incorporation of Companies.
1.7 Means of proof. Certified, certified information and photocopies.
2. CIVIL REGISTER:
2.1. Reg. Principles.
2.2 Birth and marriage records. Respective procedures.
2.4 Private processes of civil registration, especially the process of divorce and separation of people and property.
2.5 Means of proof. Various types of certificates. Information and photocopies certified