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Bank and Insurance Law 2017/2018

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

Objectives

After completion, with use, the UC, the student will be entitled to: a) Understand the bodies
collective investment; b) Differentiate the Securitisation means; c) To know how to
functioning of financial markets; d) To recognize and characterize the various bank contracts; e) Mastering and
distinguish the various bank guarantees; f) recognize the access to and
Exercise of credit institutions and insurance companies; g) To characterize and recognize the financial
contracts; h) Mastering the use of standard contracts in the banking and insurance sector; i)
Know the protective measures to debtors and guarantors in economic difficulties and the credit
consumption; j) Identify the framework of banking secrecy and minimum banking services; K) Identify
securities, recognize financial derivatives; l) Discriminating the legal systems contracts
safe; m) To understand the system of financial insurance, SORCA and FGA.

Recommended Prerequisites

Obligation Law I
Obligation Law II
Commercial Law

Teaching Metodology

To fully achieve the objectives of this course proposed, in the lectures, it is not dismissed expositive classes, however, it is parallel and simultaneously accompanied with the debate of ideas, which is constantly promoted between teachers and students, complemented, also, with the critical analysis of legislation, case laws and other documents. In what concerns to the methodology used in the classes, it is conceived in order to let the student apply and demonstrate their knowledge acquired in class, through an active participation, setting practical questions and aiming the respective solution by fostering a cohesive “Legal Thinking” enabling the
students to apply and demonstrate their knowledge. However, the performing on exercises that involves and requires an independent study by the student will not be forgotten.

Body of Work

1. The regulatory market . Portfolio management . Discount mechanisms preços.1 .
2. Collective Investment Schemes .
3. Securitisation of receivables .
4. banking contracts .
5. bank guarantees credit .
6. Financial contracts .
7. adhesion contracts : its use in the banking and insurance sector. financial intermediaries duties.
8. The consumer credit in particular . Of mortgage loans .
9. Banking secrecy .
10. minimum banking services .
11. securities . Financial derivatives : Swaps . Credit default swaps and equity swaps in particular .
12. Access and exercise of banking and insurance and reinsurance activity.
13. The insurance contract : the financial insurance .
14. The SORCA and FGA.

Recommended Bibliography

SILVA, João Calvão da, Banca, Bolsa e Seguros – Tomo I Parte Geral, 4.ª edição, Coimbra, Almedina, 2013
SILVA, João Calvão da, Titularização De Créditos – Securitization, 3.ª edição Coimbra, Almedina, 2013
ANTUNES, José A. Engrácia, Direito dos Contratos Comerciais, 3.ª Reimpressão, Coimbra, Almedina, 2014
CORDEIRO, António Menezes, Direito dos Seguros, 2.ª Edição Revista e Atualizada, Coimbra, Almedina, 2016
MARTÍNEZ, Pedro Romano, BRITO, José Miguel de Faria Alves de, et al., Lei do Contrato de Seguro – Anotada, 2.ª Edição, Almedina, 2016

WEBGRAFIA
www.bportugal.pt
www.asf.com.pt

Complementary Bibliography

SILVA, João Calvão da, Direito Bancário, Coimbra, Almedina,
ALMEIDA, J. C. Moitinho de, Contrato de Seguro – Estudos, Coimbra, Coimbra Editora, 2009
VASQUES, José, Contrato de Seguro – Notas para uma Teoria Geral, Coimbra, Coimbra Editora, 1999
ALMEIDA, J. C. Moitinho de, Contrato de Seguro – Estudos, Coimbra, Coimbra Editora, 2009
VASQUES, José, Contrato de Seguro – Notas para uma Teoria Geral, Coimbra, Coimbra Editora, 1999
VASQUES, José, Direito dos Seguros, Coimbra Editora, 2005
VASQUES, José, Contrato de Seguro, Coimbra Editora, 1999
MARTÍNEZ, Pedro Romano, Contratos Comerciais, Lisboa, Principia, 2001
ANTUNES, Ana Filipa Morais, Comentário à Lei das Cláusulas Contratuais Gerais - Decreto de Lei N.º 446/85,
de 25 de Outubro, Coimbra Editora, 2013
CARVALHO, Jorge Morais, Manual de Direito de Consumo, Almedina, 2013
POÇAS, Luís, O dever de declaração inicial do risco no contrato de seguro, Almedina, 2013

Weekly Planning

1st week
Theoretical class
Presentation of the course.
Collective Investment Schemes: forms, legal, species and their constitution.
Practical class
Critical analysis of the legal framework of the OIC's.
2nd week
Theoretical class
Securitisation: Securitisation Fund credits and Societies of Securitisation.
Practical class
Analysis of a practical example of a securitization.
3rd week
Theoretical class
The Bank contracts.
Practical class
Analysis of jurisprudential disagreements about bank contracts.
4th week
Theoretical class
Bank guarantees of credit.
Practical class
Practical examples of bank guarantees.
5th week
Theoretical class
The Financial Contracts.
Practical class
Analysis of controversial issues on the financial and banking contracts. case law analysis.
6th week
Theoretical class
adhesion contracts: its use in the banking and insurance sector. Relationship between customer / consumer
and the
Bank. Relationship between insurance / insurance taker.
Practical class
financial intermediaries duties.
7th week
Theoretical class
Consumer credit in particular. Of mortgage loans.
Practical class
Protective measures of the debtors and guarantors in difficult economic situation.
8th week
Theoretical class
The regulatory market. Portfolio management. discount pricing mechanisms
Practical class
Analysis of a course in portfolio management.
Classroom Theoretical and Practical Approach
Realization of the 1st mini-test
9th week
Theoretical class
bank secrecy.
Practical class
minimum banking services.
10th week
Theoretical class
Mobile values. Financial derivatives: Swaps.
Practical class
use problem analysis (abuse) of credit default swaps and equity swaps.
Practical examples.
11th week
Theoretical class
Access to and exercise of banking. Access to and exercise of insurance and reinsurance activity.
Practical class
Comparative analysis of legal regimes.
12th week
Theoretical class
The insurance contract: general scheme.
Practical class
Financial insurance: The credit insurance and guarantee insurance.
13th week
Theoretical class
The SORCA.
Practical class
The FGA.
14th week
Theoretical class
Prudential supervision and Behavioural.
Practical class
Parallelism between banking and insurance sectors.
15th week
Theoretical class
Review of the given matter.
Practical class
Preparation for the 2nd mini-test.

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

The student will be able to achieve the objective described in paragraph a) after the study program from the point 1, the goal described in b) after the study of section 3 of the program , the objective described in paragraph c) after the study Point 1 of the program , the objective described in paragraph d) after the study program from the point 4 , the goal described in paragraph e) after the study of point 5 of the program, the objective described in paragraph f) after the study paragraph 12 of the program , the objective described in paragraph g ) after the study of section 6 of the program , the goal described in paragraph h ) after the study of section 7 of the program , the objective described in paragraph i) after the study Section 8 of the program; the
objective described in paragraph j ) after the study of paragraphs 9 and 10 of the program , the goal described in paragraph k ) after the study of point 11 of the program, the objective described in paragraph l).

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

The study program aimed to approach in the course of Law, Banking, Stock Exchange and Insurance aspire to provide the student the sufficient knowledge to identify, distinguish and resolve the various situations that arise in the day-to-day of a jurist with regarding to banking and insurance. Despite this fact, the subjects in the classes contains a high theoretical load, requiring a careful analysis of the legislation in force, which hás been subject to constant changes, since they deal with volatile subjects in hard economic conjectures. Thus, it is tried to transmit to the students this reality, and for that reason, the lectures will necessarily be complemented with the implementation of debates of ideas and critical analysis in class. For complete success of all learning objectives is primarily used the lecture method, however, it is essential the interactivity with the students, in a constant debate positions, and, with that, proceed to an analysis of case law and legislative on each topic discussed.

relevant generic skillimproved?assessed?
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