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Law of Obligations II 2017/2018

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

Objectives

After completion with success of the course, the student will be able to:
a) Identify liability situations;
b) List the liability premises for unlawful acts;
c) Combining these premises with civil responsibility for risk;
d) Identify situations of responsibility for lawful acts;
e) Master the rules of compliance with obligations;
f) List the premises of obligational responsibility;
g) Distinguish the regime of temporary non compliance with the definitive failure regime and defective compliance;
h) Identify the various forms of coercive performing;
i) Discriminate the causes of obligations extinction beyond compliance;
j) Describe the regime of supervening impossibility and its modalities;
k) Recognize and characterize the means of obligations transmission;
l) Distinguish the general guarantee of the specific guarantees and personal guarantees from real guarenties.

Recommended Prerequisites

Obligations Law I

Teaching Metodology

To fully achieve the objectives of the course, proposed in the lectures, it is not dispensed the lecture, however, they are parallel and simultaneously accompanied with the debate of ideas, which is constantly promoted between teachers and students, complemented, yet, with the review of legislation, judgments and other documents. Regarding to the methodology adopted in the practical classes, it is pormoted that the student could apply and demonstrate the knowledge acquired in lectures, solving legal solutions and pointing to chances created; It is promoted with a close contact with the work reality, seeking that the student successively overcome the difficulties that are being purposefully created, through the presentation and study of cases, encouraging a deeper understanding of the matter and and for wider research, which will involve an independent study by the same.

Body of Work

I Liability
- General
- Civil liability for unlawful acts
- Liability based on risk
- Liability based on lawful acts

II Obligations Compliance
- Concept
- General Principles
- Active and passive legitimacy
- Place
- Time
- Allocation of compliance
- Proof

III Obligations non-compliance
- Non compliance and obligatory responsibility
- Temporary non-compliance (The delay of the debtor, creditor delay)
- Definitive non-compliance
- Defective compliance
- Coercive Realization

IV Obligations extinction beyond compliance
- "dação em cumpimento" and "dação pro solvendo"
- Deposit Assignment
- Compensation
- Novation
- Remission
- Confusion
- Contract Termination
- Supervening Inability

IV Obligations Transfer
- Voluntary assignment
- Subrogation
- Assumption of debt
- Assignment of the contractual position

V Obligations Guarantees
- General Guarantee
- Special Guarantees (real and personal)

Recommended Bibliography

COSTA, Mário Júlio de Almeida – Direito das Obrigações. Almedina, 12.ª Ed., Reviewed and Updated – Reprint, 2014, ISBN 9789724040332
www.dgsi.pt
www.pgdlisboa.pt

Complementary Bibliography

CORDEIRO, António Menezes - Direito das Obrigações, AAFDL
COSTA, Mário Júlio de Almeida – Direito das Obrigações, Almedina
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
FARIA, Jorge Leite Areias Ribeiro – Direito das Obrigações (Volume I). Almedina, Reprint, 2003, ISBN 9789724004556
TELLES, Inocêncio Galvão – Direito das Obrigações. Almedina, Reimpressão da 7.ª Ed., 2010, ISBN 9789723207712
LEITÃO, Luís Manuel Teles de Menezes - Direito das Obrigações, Almedina
SILVA, João Calvão da – Responsabilidade Civil do Produtor. Almedina, 1990, ISBN:9789724004778
VARELA, João de Matos Antunes – Das Obrigações em Geral (Volume I). Almedina, 9.ª Reimpressão da 10.ª edição de 2000, 2012, ISBN 9789724013893
VASCONCELOS, Luís Miguel Pestana de – Direito das Garantias, Almedina

Weekly Planning

1 Presentation
Methodology
Bibliography

2 Liability:
- Concept
- Civil liability for unlawful acts

3 The responsibility for risk
Liability for lawful acts

4 Obligations Compliance:
- notion
- principles.

5 Time for compliance
The place of compliance
The active and passive legitimacy
The allocation of compliance

6 The effects of compliance.
The contractual liability:
- notion
- assumptions

7 Temporary Non-compliance

8 Definitive Non-compliance

9 Defective compliance

10 Ways for a effecting compliance
The ways of extinguishing obligations beyond compliance

11 Impossibility of performance

12 The assignment of claims and subrogation
The assumption of the debt

13 The assignment of the contractual position
The equity guarantee and the guaranted conservatories ways

14 Special guarantees:
- notion
- Personal guarantees

15 Real guarantees

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

Upon completion of the course students will be able to identify liability situations, list the assumptions of liability for unlawful acts, combining these assumptions with civil liability for risk as well as identify situations of responsibility for lawful acts, after studying the chapter I of the study plan. The aim is also to achieve the goal mentioned above in e) with the study of Chapter II, devoted to the obligations compliance. The goal identified on f) and g), will be achieved with the study of paragraphs 1 to 4 of Chapter III. But the constant aim of paragraph h), will be reached after the fulfillment of compliance action and specific compliance. The same will happen with the objectives listed in paragraphs i) and j), but in this case, having taught Chapter IV. With regard to the objectives of the points k) and l), they will be fully achieved after completing the program.

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

For complete range of all learning objectives it is used the lecture method, though it is not dispensed the interactivity with the student in constant debate positions based on the different themes of the program. Thus, to identify liability situations, list the assumptions of liability for unlawful acts and combine these assumptions with civil liability for risk as well as identify situations of responsibility for lawful acts, it will be applied the problem-solving method inspired by the forensic practice, notwithstanding the theoretical exposition of the matter in order to guide the student in their self-study. In order to master the rules of obligations fulfillment and the obligatory liability regime, knowing temporary non compliance with the scheme of the definitive non compliance regime and defective compliance, teachers will explain the matter and encourage the analysis and discussion in class.

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Commitment to qualityYesYes
Ethical and responsible behaviour  
Information and learning managementYesYes
Problem Analysis and AssessmentYesYes
Problem-solvingYesYes
Written and verbal communications skillsYesYes
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