EXERCISES

1. Ana (A) and Bernardo (B) executed an agreement by means of a private document
pursuant to the law in force at the time. In the meantime, a new law came into force
demanding a notarial deed for the purpose of executing agreements of the same type.
Should the agreement executed between A and B be declared invalid? Justify your
answer.

2. Since 1990 Maria and Joanna are owners of one building each, which are contiguous.
The neighbor relationship and the rights and obligations arising therein derive since
1990. In November 2006, a new law changes the content of neighbor relationships.
Please state whether such new law shall apply to the neighbor relationship between
Maria and Joanna. Justify your answer.

3. Tony (T) and Maria (M) married in 2003. Imagine that, in a recent change of the Civil
Code, the contents of the duties of assistance between spouses has been modified,
arising therein new obligations for both spouses. Please state and justify if these new
changes will be applied to the marriage of T and M.

4. While waiting the arrival of the train at the station of “Rossio”, being already past
midnight, António (A) realized the presence of two hooded individuals (Bruno (B) and
Carlos (C)) who approached an old lady, one of them pushing her violently against the
wall while the other steals her purse, preparing themselves to start their escape.
Antonio, eager to put into practice the knowledge acquired in martial arts class, which
he recently enrolled, applies a violent blow in both, breaking a few ribs of B and
tearing the leather jacket of C. Only then does Antonio realize the presence of a film
crew that was recording an episode of a popular detective series, which Anthony
watches every week without exception (because it is his favourite series), in which
Bruno, Carlos and the old lady perform as actors, which are in fact his favourite
actors. Comment the conduct of Antonio.

5. Whilst entering the underground, Tommy notices that Harry holds a valuable ring,
which looked similar to a ring Tommy had bought in a jewelry shop and which, a few
days before, had been stolen from his house. Tommy approaches Harry and grabs him
to take the ring from him, being stopped by Harry who, with a strong kick, breaks
Tommy’s leg. After these facts it comes to knowledge that the ring in Harry’s
possession was, in fact, owned by Harry, and had only some resemblance to the one
stolen from Tommy’s house. Please analyze: (1) the conduct of Tommy (2,5) and (2)
the conduct of Harry.
 6. Bernardo (B) punches António (A) in the face and A shoots B with the intention of
killing him.

7. Bernardo (B) destroys the door of his neighbor to save the neighbor’s daughter from a
fire

8. Distinguish State of Necessity and Direct Action, providing examples to illustrate your
answer.

9. In January 2013, Peter (P) committed a crime punishable up to 9 years imprisonment.

At the end of 2013 the law changed and such crime became punishable up to 6 years
imprisonment. A was condemned in 2014. Which was the maximum penalty P could
be condemned?

10. In January 2013, Peter (P) committed a crime punishable up to 5 years imprisonment.
At the end of 2013 the law changed and such crime became punishable up to 7 years
imprisonment. A was condemned in 2014. Which was the maximum penalty P could
be condemned?

11. In 2010, Ana (A) committed a crime punishable up to 4 years imprisonment. In 2011
the law changed and such crime became punishable up to 6 years imprisonment. A
was condemned in June 2012. Which was the maximum penalty A could be
condemned? A was condemned to the maximum penalty. Imagine that in January
2013 a new law disqualifies the conduct of A as a criminal offense. Would this
situation have any impact on the penalty of A?

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1) Distinguish Mandatory sanction and Punitive sanction

2) Distinguish Directive and Regulation
3) Distinguish Extensive Interpretation and Integration of Lacunae
4) Distinguish Generality and Abstraction
5) Distinguish Use and Costume
6) Distinguish Public Law and Private Law
7) Distinguish subjective rights and potestative rights
8) Distinguish Extensive Interpretation and Integration of Lacunae
9) Distinguish Material Law and Formal Law
10) Distinguish Objective Law and Subjective Law