How to find us
|
Contacts

Law of Obligations I 2017/2018

  • 6 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment

Objectives

It is intended to contribute to the acquisition of expertise in the framework and legal treatment of the basic concepts of Obligations' Law that entitle the students as future professionals in areas related to solicitorship, to be provided with the basic conceptual framework for the pursuit of that professinal activity, which is characterized an eminently practical nature. After successful completion of the course, the student will be entitled to: a) define both the concept and the composing elements of the obligational relationship's structure; b) recognize the different types of obligations; c) distinguish the sources of obligations; d) identify the different contractual categories; e) differentiate promissory contract, preferably covenant, contract in favor of a third and contract in favor of a person to be appointed; f) identify unilateral legal businesses; g) master both negotiorum gestio and unjust enrichment systems.

Recommended Prerequisites

Fundamental Notions and General Theory of Civil Law

Teaching Metodology

In order to fully achieve the proposed aims of the course, classes do not exempt an expositive method, however it is parallel and simoultaneously accompanied by debate of ideas, which is permanently promoted to take place between teacher and student, complemented yet with review of legislation, court sentences and other documents. Regarding the methodology adopted in practical classes, it is intended that the student applies and demonstrates the knowledge acquired in lectures, solving and pointing out legal solutions to problems/opportunities created, thus stimulating him to build a cohesive legal reasoning that enables him employment and ability to demonstrate acquired legal knowledges. In practical classes, it is also promoted a further deepening of the matter by directing the student towards a broader research involving an independent study.

Body of Work

I – Introduction

II – Concept, Structure and Function of the Obligation
1 – Concept of Obligation
2 – Obligation’s Structure
3 – Obligation’s Function
4 – Terms of Obligations
A – Terms concerning the Subject
B – Terms concerning the object

III – Sources of Obligations
A – Contracts
1 – Notion
2 – The principle of contractual freedom and its limits
3 – Mixed contracts
4 – Bilateral and unilateral contracts
5 – Onerous and non-onerous contracts
6 – Contracts with real effectiveness
7 – Promised contract
8 – Option pacts
9 – Contract in favor of a third
10 – Contract to person to be nominated
B – Unilateral businesses
1 – Concept
2 – Public Promise
3 – Public Contest
C – Negotiorum gestio
1 – Concept and requirements
2 – Manager’s duties towards the business owner
3 – Business owner’s duties towards the manager
4 – The business owner’s position towards third parties
D – Unjust Enrichment
1 – Requirements
2 – Object of the repay obligation

Recommended Bibliography

COSTA, Mário Júlio de Almeida – Direito das Obrigações. Almedina, 12.ª Edição Revista e Atualizada – Reimpressão, 2009, ISBN 9789724040332
SILVA, João Calvão da – Sinal e Contrato-Promessa. Almedina, 2010, ISBN: 9789724044163
www.dgsi.pt
www.pgdlisboa.pt

Complementary Bibliography

ANDRADE, Manuel de – Teoria Geral das Obrigações. Coimbra: Almedina, 3.ª edição, 1966
CORDEIRO, Menezes – Direito das Obrigações (Volume I). A.A.F.D.L, 2001, ISBN: 5606939000569
COSTA, Mário Júlio de Almeida e CORDEIRO, António Menezes – Cláusulas contratuais gerais. Almedina, 1995, ISBN 9789724000466
COSTA, Mário Júlio de Almeida – Responsabilidade civil pela ruptura das negociações preparatórias de um contrato. Coimbra Editora, 1984
FARIA, Jorge Leite Areias Ribeiro – Direito das Obrigações (Volume I). Almedina, Reimpressão, 2003, ISBN 9789724004556
TELLES, Inocêncio Galvão – Direito das Obrigações. Almedina, Reimpressão da 7.ª Edição, 2010, ISBN 9789723207712
VARELA, João de Matos Antunes – Das Obrigações em Geral (Volume I). Almedina, 9.ª Reimpressão da 10.ª edição de 2000, 2012, ISBN 9789724013893

Weekly Planning

THEORETICAL CLASSES
1 Introduction - General considerations concerning Obligation’s Law - Object - Methodology - Theoretical and practical importance of Obligation’s Law. - Doctrinal and legal systematic concerning Obligation’s Law.
2 Concept, Structure and Function of Obligation - Concept of obligation - Structure of obligation - Function of obligation - Types of obligations (concerning their Subjects: Obligations of undetermined active subject and plural Obligations
3 Types of obligation concerning the Object - Divisible and undivisible Obligations - Specific and generic Obligations - Joint, alternative and alternatively facultant obligations - Pecuniary obligations
4 Sources of Obligatios - Notion. - The principle of contractual freedom and its limits.
5 Mixed contracts; Onerous and free contracts; Contracts with real effectiveness
6 Proposal Contracts
7 Unfulfillment of proposal contract
8 Option pacts
9 Contract in favor of a third
Contract to person to be nominated
10 Unilateral businesses - Concept and effectiveness
– Public Promise – Public Contest
11 Negotiorum gestio – Concept and requirements – Manager’s duties towards the business owner – Business owner’s duties towards the manager
12 The business owner’s position towards third parties
13 Unjust Enrichment – Situations regarding unjust enrichment – Requirements and effects
14 Test
15 Reviews

PRACTICAL CLASSES
1 Presentation of the course. Systematical description of the Civil Code’s II Book
2 Practical examples on the structure of obligations
3 Practical examples on the types of obligations concerning their object; resolution of various practical assuptions
4 Practical examples concerning concerning their object; resolution of various practical assuptions
5 Practical examples concerning contracts in their several forms and classifications (mixed contracts, onerous, free, etc.)
6 Resolution of practical assumptions concerning promised contracts
7 Resolution of practical assumptions concerning promised contracts
8 Resolution of practical assumptions concerning option pacts
9 Resolution of practical assumptions concerning contracts in favor of a third and to person to be nominated
10 Practical explanation of unilateral businesses as a source of obligations. Clarification of doubts
11 Practical explanation of negotiorum gestio. Clarification of doubts
12 Practical explanation of enrichment without a cause. Clarification of doubts
13 Resolution of practical assumptions concerning previous matters. Clarification of doubts
14 Resolution of practical assumptions concerning previous matters. Clarification of doubts
15 Reviews

Demonstration of the syllabus coherence with the curricular unit's objectives

It is intended that students acquire a thorughout and satisfactory knowledge of Obligations' Law, anda that it allows them to point out the appropriate legal solutions concerning practical situations that they will face along the development of their professional activity. In this way, the student will be able to define the concept and elements of the obligational's structure as well as to recognize the various types of obligations, concerning both their subjects and their object, after studying points I and II of the study plan. It is also intended that he distinguishes the sources of obligations according to point III and identifies the several contractual categories included in point III-A. Another objective, identification of unilateral businesses, is to be reached through study of point III-B. Mastering of both the negotiorum gestio and unjust enrichment's rules are goals to be fully achieved after completion of the program (point 3-C and D).

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

Aiming towards a full range of all learning objectives lecture method is the one used, though this does not dispense the interactivity concerning the constant debate pointed out by properly fundamented opinions concerning the different themes included in the program. Thus, in order to achieve the correct definition of both the concept and structure of the obligational relationship and to recognize the several types of obligations, one resorts to a systematic analysis of portuguese doctrine and legislation. Addressing the sources of obligations, critical analysis of contradictory judgements concerning the most controversial aspects of the legal frame are also regarded at, seeking to demonstrate the legislative developments concerning them. In order to apply the negotiorum gestio's legal framework to practical situations provided, to operationalize the repay's quantum by unjust enrichment, and solving legal assumptions created concerning the promissory contract, the contract in favor of a third party ande the contract to person to be appointed.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Balanced decision makingYesYes
Commitment to qualityYesYes
Ethical and responsible behaviourYesYes
Information and learning managementYesYes
Problem-solvingYesYes
Written and verbal communications skillsYesYes
This website uses cookies to provide better functionality and for performance measurements (European Union Directive 2009/136/EC)
Please take a few minutes do answer a few quick questions about our website.