2024
Fundamental Notions of Law
Name: 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
Sustainable Development Goals
Learning Goals
This unit is autonomous and provides basic knowledges for other juridical units. Two aspects are taken into account: 1. Law as a problem: elementary notions of Law and the meaning and purposes of Law are studied, well as distinctions and constraints designed to frame matters under study and to understand the existence of Law. 2. Law as a system: Description and analysis of how it arises and is organised. The issue is to know the sources of Law, the legal rule and the mechanisms of the system to avoid and settle conflicts of interests, to promote inter-human cooperation, to organize itself in order to fulfil these tasks and resolve gaps. The models and techniques of the interpretation of legal rules and of the overcome of legal gaps plays an important role. Basic notions about contracts in general, the employment contract and companies are also relevant. It is expected that students develop the analytical capacity with a critical sense and strengthen the writing and speech capacities.
Contents
CONCEPT OF LAW:
1. Law as a normative framework.
2. Law, Morality and other rules of conduct.
3. Meanings of the word Law.
4. Law, State, coercion and legal punishment.
5. Law, Justice and Security.
6. The legal relationship.
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: a) International Law and domestic Law; b) Public Law and Private Law.
10. Interpretation of the law: a) General Theory; b) Elements of the interpretation; c) Species of the interpretation: by source and value, by purpose and result; d) Article 9 of the Civil Code.
11. Overcome of legal gaps: a) General notions; b) Understanding of articles 8, 10 and 11 of the Civil Code.
CONTRACTS AND COMPANIES:
12. Contract Law: introduction and general aspects.
13. Labour contract and labour legislation: general notions.
14. The companies.
1. Law as a normative framework.
2. Law, Morality and other rules of conduct.
3. Meanings of the word Law.
4. Law, State, coercion and legal punishment.
5. Law, Justice and Security.
6. The legal relationship.
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: a) International Law and domestic Law; b) Public Law and Private Law.
10. Interpretation of the law: a) General Theory; b) Elements of the interpretation; c) Species of the interpretation: by source and value, by purpose and result; d) Article 9 of the Civil Code.
11. Overcome of legal gaps: a) General notions; b) Understanding of articles 8, 10 and 11 of the Civil Code.
CONTRACTS AND COMPANIES:
12. Contract Law: introduction and general aspects.
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 will first be subject to oral presentation. However, 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 studied, and to instil in the students the critical spirit in the analysis of the problems under study. In order to improve the functioning of the teaching sessions, it is strongly suggested to the students the methodical study of the matters since the beginning of the semester, preferably before the classes in which they will be treated. The assessment in this unit will obey to one of two schemes chose by the students: a) Continuous assessment (requires presence in 75% of the classes): 2 written tests during the academic period (50%+50%); b) Assessment by final examination: oral test to be performed before a jury (100%).
Teaching Staff (2023/2024 )
