Learning outcomes of the curricular unit

Equip the student with the knowledge and understanding of the fundamental characteristics of the Portuguese legal system, giving special relevance to the legal method related to the interpretation and application of the legal rules and the pre-understandings which influence such method.

The student should be able to:

(i) explain the nature and scope of Law, its cultural nature, the relation with the fundamental values of each 
society and its institutional expression;

(ii) identify the various types of legal rules and techniques of legislation;

(iii) explain the various forms whereby the legal system protects rights and how courts operate;

(iv) identify the sources of law and their meaning;

(v) interpret legal rules and fill in legal gaps;

(vi) determine the application of legal rules through time and space.

Syllabus

Part I-Introduction. First approach to the concept of law.

Part II-The structure of the Portuguese legal system.

Part III-The legal rule. Definition and structure. Legal fact, legal situation and legal relationship. Legal subject and legal rights. Classification of the legal rules. Techniques of legislation.

Part IV-The protection of rights.

Part V-Sources of Law. The problem. The law, the by-law, the jurisprudence, the doctrine, the consuetudinary law, the usage, the fundamental principles of law.

Part VI-Interpretation and the filling of legal gaps. Interpretation: concept; forms; purpose; elements of interpretation; results of interpretation. Filling of legal gaps: concept and necessity; method.

Part VII-Application of law through time and space. Application of law through time: the problem; the transitional rules; the principle of the non-retroactivity of law; special criteria; interpretive laws and confirmative laws. Application of law through space (reference).