Fundamental Notions of Law

Code: ECN12668L

6 ECTS

Duration: 15 weeks/156 hours

Scientific Area: Legal-Political Theory and International Relations

Teaching languages: Portuguese

Languages of tutoring support: Portuguese, English

Regime de Frequência: Presencial

Sustainable Development Goals

Educação de qualidade - Assegurar a educação inclusiva, e equitativa e de qualidade, e promover oportunidades de aprendizagem ao longo da vida para todos.

Learning Goals

This curricular unit is autonomous and provides basic knowledges for other juridical units. It is intended that the students will be able to know and understand these two essential aspects: 1. Law as a problem: elementary notions of Law and the meaning and purposes of it, as well as the distinctions and constraints that allow to frame out the matters under study and understand the own existence of Law. 2. Law as a system: how it arises, is organised, and operates, that is, the sources of Law, the legal rules and their combination, and the mechanisms of the system to avoid and settle conflicts of interests and to promote the interhuman cooperation, to organize itself to fulfil these tasks and to resolve its possible gaps. The understanding of models and techniques of the interpretation of legal texts and of the overcome of legal gaps plays an important role. Basic notions relating to contracts in general, to the employment contract and to companies are also relevant.

THE CONCEPT OF LAW: 1. Law as a normative framework. 2. Law, Morality, and other rules of conduct. 3. Positive Law and natural Law; other meanings of the word Law. 4. Law, State, coercion, and legal punishment. 5. Law, Justice, and Security. 6. The legal relationship.
THE SCIENCE OF LAW: 7. Sources of the Law: concept, enumeration, and explanation; functioning and respective importance. 8. Legal rule: notion and structure; characteristics and species. 9. The legal system: International Law and domestic Law. 10. Interpretation of the law: a) General Theory; b) Source and value of the interpretation; c) Methods and elements of the interpretation; d) Results of the interpretation; e) The article 9 of the Civil Code. 11. Overcome of legal gaps: general notions. CONTRACTS AND COMPANIES: 12. Contract Law: introduction and general principles. 13. Labour contract and labour legislation: general notions. 14. The companies.

Teaching Methods

According to the nature and function of theoretical-practical classes, the contents of the syllabus are subject to oral presentation. This presentation allows students to know and understand the fundamental legal concepts and principles and the organization, functioning and purposes of the legal system. It is accompanied by consultation and explanation of the meaning and scope of the legal relevant texts, with practical applications. Students are encouraged to intervene, to put doubts or to express their points of view. In addition, there is a constant concern to link theory to practice, showing the real interest of the issues under study, and to instil in the students the critical spirit in the analysis of the problems inherent to those issues. To improve the functioning of the teaching sessions, it is strongly suggested to the students the methodical study of the subjects since the beginning of the semester, preferably before the classes in which they will be treated.

Assessment

a) Continuous assessment: two written tests during the academic period (50%+50%, with requirement of minimum grade of 7 values in both tests; any of the tests may be complemented by an oral knowledge certification test); b) Assessment by final examination: oral test to be performed before a jury (100%).