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Contract Law 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 donation, mutual, mandate and works contract.

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

I. INTRODUCTION
1. General Theory of contracts
2. Rating of contracts
3. Causes (-function) of contracts

II. PURCHASE AND SALE
1. Legal Notion
2. Key Features
3. essential Effects
4. Failure

III. 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

IV. MUTUAL
1. Notion, fundamental features and essential effects
2. Special types
3. Resolution and accelerated repayment

V. MANDATE
1. Notion, fundamental features and essential effects
2. Mandate with and without representation
3. Termination

VI. WORKS CONTRACT
1. General and legal types
2. The contract
a) Concept and key features
b) essential Effects

Recommended Bibliography

MENEZES LEITÃO, Luís Manuel Teles de – Direito das Obrigações III, Contratos em Especial. Coimbra: Almedina. 2014

Complementary Bibliography

ALMEIDA, Carlos Ferreira de. Contratos, 3 vol. Coimbra: Almedina. 2013.

COSTA, Mário Júlio de Almeida. Direito das Obrigações. Coimbra: Almedina. 2013.

MARTINEZ, Pedro Romano, Direito das Obrigações (parte especial). Coimbra: Almedina, 2010.

OLIVEIRA, Nuno Manuel Pinto - Princípios de Direito dos Contratos. Coimbra Editora. 2011.

RIBEIRO, Joaquim de Sousa, Direito dos Contratos – Estudos. Coimbra: Almedina. 2007.

TELLES, Inocêncio Galvão - Manual dos Contratos em Geral. Coimbra: Coimbra Editora. 2010.

Weekly Planning

1st Week
Presentation
General considerations

2nd Week
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 Week
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 Week
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
Resolution of practical cases.

5th Week
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
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
Resolution of practical cases.

6th Week
B. Typical failure situations (general)
a) sale of foreign goods
b) sale of encumbered assets
c) sale of defective goods

7th Week
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 Week
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 Week
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
Resolution of practical cases.

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

12th Week
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
Resolution of practical cases.

13th Week
MUTUAL
1. Notion, fundamental features and essential effects
2. Special types
3. Resolution and accelerated repayment
Resolution of practical cases.

14th Week
MANDATE
1. Notion, fundamental features and essential effects
2. Mandate with and without representation
3. Termination
Resolution of practical cases.

15th Week
WORKS CONTRACT
1. General and legal types
2. The contract
a) Concept and key features
b) essential Effects
Resolution of practical cases.

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

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, of donation, mutual, mandate and works contract is achieved by studying the cap. III, IV, V and VI.

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
Problem Analysis and AssessmentYesYes
Problem-solvingYesYes
Written and verbal communications skillsYesYes
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