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Civil and Commercial Contracts 2017/2018

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

Objectives

Define, describe and understand the legal system of buying and selling, the fundamental characteristics, the essential effects, non-compliance and special modalities of this agreement.
Define, describe and understand the legal regime of the donation, the fundamental characteristics, the essential effects, some typical ancillary provisions, non-compliance and certain arrangements.

Identify the legal system and the evolution of the tenancy, describe the legal notion, distinguishing lease and rental and know the legal systems, the fundamental features, the essential effects, streaming, extinction and the adjective aspect.
Define, describe and understand the legal regime of the contract and its essential purpose.

Recommended Prerequisites

Realization of courses Introduction to Law, General Theory of Civil Law and Law of Obligations.

Teaching Metodology

The methods are:
The lecture method
Socratic
Inductive
Method case
Analysis and document review

The lecture method translates the transmission of information and knowledge (liability); the Socratic method, evolutionary learning process of putting the caller a series of questions; and the inductive or induction, which translates into a reasoning, from a sufficient number of individual cases to complete a general truth.
The first being a passive method lacks coordination with other methods in order to maximize the skills and knowledge / learning of students. To pave the expository speech, it calls up the individual study of a practical case (case method) in which the student comes into contact with the problem described in the case or particular situation. Thereafter, the individual preparation is confronted in class where they will discuss the various viewpoints of the solution.

Body of Work

GENERAL
2. Rating of contracts
3. Causes (-function) of contracts
PURCHASE AND SALE
1. Legal Notion
2. Key Features
3. essential Effects
4. Failure
GIVING
1. Legal Notion; identification of the category of "liberal" and "indirect donation"
2. Key Features
3. essential Effects
4. Some typical ancillary provisions
5. Failure
ALLOCATION
1. Lease and lending
2. The leasing: legal notion and key features
3. Legislative developments
4. essential effects: post the obligations of the lessor and lessee
5. Typical of default situations
6. Transfer of contractual position of the lessor or lessee
7. Extinction
MUTUAL
1. Notion, fundamental features and essential effects
2. Special types
3. Resolution and accelerated repayment
The CONTRACT
1. General and legal types
2. The contract
a) Concept and key features
b) essential Effects

Recommended Bibliography

N/A

Complementary Bibliography

N/A

Weekly Planning

Theoretical classes
1st class
Presentation
General considerations

2nd class
1. Contracts in special and general rules (of legal transactions, contracts and obligations)
2. Ratings contracts
A. Unilateral and Bilateral Agreements
B. Onerous contracts and free
C. Consensual and real contracts (quoad constitutionem)

3rd class
DISPOSITION OF ASSETS Onerous: PURCHASE AND SALE
1. Cool art Notion. 874º and extension ex art system. 939º of the Civil Code
2. Fundamental characteristics; in particular, some issues related to the consensual, the commutative and the

4th class
3. Essential Effects
A. The actual effect
a) the rule of consensually
b) cases of non-immediate production of actual effect
c) consensually and causality; connections with advertising
d) possible implications of consensually; the problem, in particular, the consideration of risk

5th class
B. The dividend effects
a) obligation of delivery of thing
aa) general rules
bb) the problem, in particular, the object of the delivery obligation according the case of generic sales or specific sale
b) price payment obligation
aa) general principles
bb) reference in particular to the art. 886º of the Civil Code

6th class
4. Failure (conceptually)
A. Failure by the seller or the buyer
a) general
b) cancellation by mistake and resolution: the doctrinal debate and evolution
legislative

7th class
B. Typical failure situations (general)
a) sale of foreign goods
b) sale of encumbered assets
c) sale of defective goods

8th class
5. Some special rules (conceptually)
A. Sale of future goods, fruits and outstanding components or components
(Art. 880) and sale of goods or the existence of uncertain ownership (Art. 881º of the Civil Code)

9th class
B. Sale with retention of title
a) practical justification
b) fundamental problems raised here
aa) (in) Enforceability before third parties
bb) characterization of the legal position of the buyer
cc) the question of risk
dd) (in) admissibility of the reservation in favor of the third-party lender

10th class
C. Sell the benefits
a) the arts. 934º and 935º of the Civil Code
b) the special credit if consumer: some indications on the basis of Decree-Law No. 359/91, of 21 September, and today the Decree # 133/2009 of June 2

11th class
D. Sale retro
E. Business Sale
F. Sale of consumer goods: Decree-Law No. 67/2003 regime (general)

12th class
The CONTRACT
1. General and legal types
2. The contract
a) notion and basic characteristics; special reference to the concept of "work"




13th class
b) essential Effects
aa) rights and duties of the developer and contractor
bb) changes to the work
cc) transfer of ownership of the work

14th class
c) Failure: general framework solutions and typical situations
aa) general scheme
bb) regime of the contract of consumer goods

15th class
d) Termination
aa) the risk of the problem (of consideration)
bb) the withdrawal of the developer


Practical classes
1st class
Presentation
General considerations

2nd class
typical and atypical contracts
a) Some problems raised by the atypical nature of the contracts
aa) applicative disqualification standards (operative or imperative) established for similar contracts?


3rd class
bb) qualified intervention of uses
cc) applicability conversion mechanism
b) atypical and mixed nature

4th class
3. Causes (-function) of contracts
A. Some typical functions
a) Enumeration: sale of goods, services, granting joy, cooperation, security and conflict prevention / imputation of risk, dispute resolution
b) Crossing these functions with alternative burden / gratuity and commutation
5th class

DONATION
1. Legal Notion; reference to the categories of "liberality" and "indirect donation"
2. Key Features
3. Essential Effects
a) the actual effect
b) the obligatory effect; cases of donations (strictly) "dividend".

6th class
4. Some typical ancillary provisions
5. Failure
a) general ideas

7th class
b) typical situations of non-compliance
aa) donation of another's property
bb) encumbered assets donation or defective
cc) reference to the failure mode and the withdrawal of ingratitude

8th class
Lease agreement
1. leasing and lending: general
2. The location: legal notion and basic characteristics
a) particular reference to the purpose for which the lease goes, the form of the contract and the nature of the lessee's right

9th class
3. Legislative developments: progressive relaxation and NRAU
4. essential effects: post the obligations of the lessor and lessee

10th class
5. Typical of default situations
a) by the landlord: the general scheme and the consumer goods rental contract
b) by the lessee
6. Transmission (life or death) of the contractual position of the lessor or lessee

11th class
7. Extinction
a) repeal
b) Resolution
c) termination, forfeiture and opposition to renewal


12th class
THE TENANCY
1. General principles.
2. Background: the new scheme approved by Law 31/2012 and Complementary Law
a) content of the tenancy
b) rights and obligations of the parties
c) lease arrangements
d) resolution, termination, expiry and renewal

13th class
3. Contracts before NRAU - Transitional arrangements: Resolutions, termination, renewal, transfer, update rents
4. Tenancy elements and requirements of its conclusion
5. Legal status of works in tenancy buildings

14th class
6. The special procedure for eviction
7. Implementation for land tenancy delivery

15th class
Balance of the school year.

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

Identify the legal system and evolution, describing the legal notion, distinguishing lease and rental and know the legal system, the fundamental characteristics, the essential effects, transmission, extinction and the adjective aspect is achieved through the study cap.IV . Define, describe and understand the legal system of buying and selling, the fundamental characteristics, the essential effects, non-compliance and special modes is achieved by studying the cap. II. Define, describe and understand the legal regime of mutual, fundamental characteristics, the essential effects, special types, the articulation of the credit function with other typical features, resolution and accelerated repayment is achieved by studying the cap. V. define, describe and understand the legal regime of the donation, the fundamental characteristics, the essential effects, some typical ancillary provisions, non-compliance and special arrangements are reached through cap.III the study.

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

For all learning objectives is used the lecture method with brainstorming and well-founded opinion of expression. Add to that though, to identify the legal system and its application, recognition of the current legislative and legal headquarters species of contracts, we resort to the analysis and critique of law, judgments and other documents. So that the student is able to identify the legal system, the fundamental characteristics, the essential effects and some specific aspects of each contract draws up further to the resolution of case studies.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYesYes
Problem-solvingYesYes
Written and verbal communications skillsYesYes
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