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Securities 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Continuous Assessment

Objectives

We hope that the student is capable of:
- Adquire the concepts and perceive the guiding principles of the credit titles in general.
- Resolve the main problems that we face in purpose of the Bill Of Exchange (main dinamics);
- Getting to know the Check requirements, the legal regime and the jurisprudencial tendencies about the executive nature of the Incomplete and Extinct Checks;
- Identify the peculiarities of the Promissory Note versus Bill Of Exchange and getting to know the legal regime;
- Percieving the others credit titles, namely the Bill Extract, the Certificate of Deposit, the Warehouse Receipt and A Pledge, the Bill Of Lading and the Insurance Policy;

SPECIFIC SKILLS:
- Being able to resolve the main problems that we face with the credit tiles, maxime while executiv titles and their judicial reform in case of miscarriage or loss.

Recommended Prerequisites

Adquired knowledge in the Civil Rights and Procedural Civil Rights units.

Teaching Metodology

- The Expositive method;
- Socratic;
- Inductive;
- Analysis and critical documentary.

The Expositive method translates to the transmission of information and knowledge (passive);
The Socratic method translates to the process of evolutive learning that consists in asking the interlocutor a séries of questions, or induction, in a reasoning, starting from a suficient number individual cases to conclude a general truth;
The first one being a passive method needs the articulation with other methods to potentiate the capabilities and the knowledge/learning of the students. To deposit the expositive speech, we advocate the individual study of a practical case in wich the student gets in touch with the descript problem in the case or in the concrete situation.
Then, the individual preparation is confronted inside the classroom where we discuss the various points of views envolving the problema solution.

Body of Work

1.Notion of the Credit Title;
2.Credit Title caractheristics;
3.The various typologies of the Credit Titles;
4.The cartular regulation and the Principle of Typicality Exhaustive;
4.1. Constitution;
4.2. Content;
4.3. Exercise and circulation;
4.4. The extinction. The Credit Titles reform.
5. Small allusion to the desincorporation of the Credit Titles.

THE BILL OF EXCHANGE
1.Notion;
2.Elements;
3.Economic function;
4.Requirements:
4.1.Obligatory mentions;
4.2.The Blank Bill Of Exchange.
5.The Judicial Cambiary Business.
6.The cambiary relations events.

THE CHECK:
1.Notion;
2.Requirements. The question of the executive nature of the Incomplete and Extinct Checks. The various doutrinary and jurisprudential positions.
3.The legal regime of the Check.

THE PROMISSORY NOTE:
1.Notion;
2.Requirements;
3.The Promissory Note legal regime;

V SECTION

THE SMALL APPROACH TO THE OTHER TYPES OF CREDIT TITTLES

Recommended Bibliography

Obligatory:
ANTUNES,Engrácia Os Títulos de Crédito, Uma Introdução,Coimbra, Coimbra Editora,2ª edição 2012.

Complementary Bibliography

QUINTAS, Paula e Helder, Regime Jurídico dos Títulos de Crédito, Compilação Anotada,Coimbra, Almedina, 2008.
MARTINS, Alexandre Soveral, Títulos dec Crédito, Coimbra, Almedina, 2008
CORREIA, A. Ferrer, Lições de Direito Comercial, Títulos de crédito, Coimbra, Edição Policopiada.

Weekly Planning

WEEK 1
Appresentation;
General considerations about the unit;
Bibliographic indications;
Considerations about the teaching methods;

WEEK 2
Credit tittle notion;
Credit tittle characteristics;
Practice: practical exemples; First visual contact with the credit titles in the physical form and/or in slides form;

WEEK 3
The various typologies of the credit titles;
The cartular relationship and the Principle of Typicality.
Constitution;
Content;
Exercise and circulation;
Extinction. The reform of the credit titles;
Pratice: practical cases resolution of the Bills of Exchange.

WEEK 4
Continuation of the previous field.
Pratice: practical cases resolution of the Bills of Exchange.

WEEK 5
Continuation of the previous field about the credit titles.
Practice: first evaluation test.

WEEK 6
Small alusion to the desincorporation of the credit titles.
Practice: jurisprudential analysis.

WEEK 7
The Bill Of Exchange:
1.Notion;
2.Elements;
3.Economic function;
Practice: jurisprudential analysis.

WEEK 8
Requirements;
Obligatory mentions;
The Blank Bill Of Exchange;
Practice: The Check events. Practical cases resolution.

WEEK 9
The legal cambiary business:
Looting;
Acceptance;
Endorsement;
Practice: The Check events. Practical cases resolution.

WEEK 10
The legal cambiary business:
Winning;
Paying;
Protesting;
Interventioning;
The cambiary actions;
The cambiary exceptions;
The extinction;
Practice: practical exemples of the other cambiary titles.

WEEK 11
THE CHECK:
1.Notion;
2.Requirements. The question of the executive nature of the Incomplete and Extinct Checks. The various doutrinary and jurisprudential positions.
3.The legal regime of the Check.
Practice: practical exemples of the other cambiary titles.

WEEK 13
THE PROMISSORY NOTE:
1.Notion;
2.Requirements;
3.The Promissory Note legal regime;
Practice: Second evaluation test.

WEEK 14
Small alusion to the others credit titles, namely the Bill Extract, the Certificate of Deposit, the Warehouse Receipt and A Pledge, the Bill Of Lading and the Insurance Policy.
Practice: Jurisprudential analysis. Semester balance. Thematics discussion.

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

Proposing goals: - Adquire the concepts and perveicing the guiding principles of the credit titles in general: (PART I) caractheristics and the various tipologies of the credit titles, the cartular relationship and the principle of tipicity, constitution, exercise and circulation, extinction, the credit title reform and small alusion to the desincorporation of the credit titles. - Resolve the main problems that we face in purpose of the Bill Of Exchange and The Promissory Note: (PART II) notion, elements, economical function, requirements, the legal cambiary business and the cambiary relationship events. - Getting to know the Check requirements, the legal regiment and the jurisprudential thendencies about the executive nature of the Incomplete and Extinct Checks: (PART III) getting to know the requirements to the other credit titles.

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

The Expositive method apply to the learning of the following goals: -Adquire the concepts and perceiving the guiding principles of the credit titles in general; -Perceiving other credit tittles, namely, the Bill Extract, the Certificate of Deposit, the Warehouse Receipt and A Pledge, the Bill Of Lading and the Insurance Policy. The Socratic method, Inductive and Analysis and Documentary Criticize applys to the learning of the following goals: -Solution the main problems that we face in the porpuse of the Bill of Exhange (main dinamics); -Gettint to know the Check requirements, the legal regime and the jurisprudential thendencies about the executive nature of the Incomplete and Extinct; -Identify the peculairities of the Promissory Note versus the Bill Of Exhange and the legal regime.

relevant generic skillimproved?assessed?
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