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Commercial Law 2017/2018

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

Objectives

The student shall be able to:
- Know the conceptions and sources of commercial law
- Identify the acts of trade in general
- Understand and apply the legal framework of agency contract to distribution contracts
- Qualify the subjects of business (traders)
- Identify and understand the commercial legal regime
- Qualify commercial undertakings and identify the legal framework envolving business establishmentsn and the Association 'en participation" framework.
- Identify and apprehend the legal regime of the distinguishing signs of the company and products
- Understand the general principles of negotiable instruments

Recommended Prerequisites

Introduction to Law, General Theory of Civil Law I and II, Law of Obligations I and II

Teaching Metodology

It will be used the expositive and interrogative methods
The theoretical component of the classes is characterised by the oral presentation of the syllabus, sustained by real cases and the analysis of case law.
Considering a teaching methodology that intends to be interactive, the questioning and critical analysis of the law and case law are stimulated.
The practical component aims to develop the theoretical subjects, using the interrogative method,underlying the practical cases to be solved, and analysing legislation and case law. The explanation of doubts has an important role during this classes.
At the same time, students will deal with specific legal issues, aiming to provide them a very close contact with the legal reality
Throughout this process, students are encouraged to develop an autonomous study.

Body of Work

General introduction
Commercial Law notion. Autonomy
Chapter I Commercial acts in general
1.Notion
2. Objective and subjective commercial acts
3. Autonomous and dependent commercial acts
4. Formal and substantial commercial acts
5. Bilateral and unilateral commercial acts
6. Agency and Commercial Concession Contracts.
Chapter II - The traders
1. Subjects qualified as traders
2. Subjects not qualified as traders
3. Subjects inhibited the profession of trade. Other
4. Legal status of commercial relations
5. The late payment in commercial transactions.
6. Status of traders
Chapter III - The Undertakings
1. Species of undertakings according to the object
2. Undertakings and their legal subjects
3 .Business on undertakings
4.Association 'en participation"
Chapter IV - The distinguishing signs of the undertakings and products
1. Trademarks
2. Logos
3. Designations of origin
4. Rewards
Chapter V- Negotiable instruments
1.Classes
2.Legal framework

Recommended Bibliography

ABREU, Jorge M. Coutinho, Curso de Direito Comercial, Vol. I, 10ª ed. , Coimbra: Almedina, 2016


ANTUNES, José A. Engrácia, Os Títulos de Crédito - Uma Introdução, Coimbra Editora: Coimbra, 2012

MONTEIRO, António Pinto, Contratos de Distribuição Comercial, Coimbra: Almedina, 2009

Legislação: MIMOSO, Maria João, Legislação Empresarial, Lisboa: Quid Juris, 2015

Complementary Bibliography

ANTUNES, José A. Engrácia, Direito dos Contratos Comerciais Coimbra: Almedina, 2014

CORDEIRO; A. Menezes, Manual de Direito Comercial, Coimbra: Almedina, 2012

CORREIA, A. Ferrer, Lições de Direito Comercial, Reimp., Lisboa
Lisboa : Lex, 1994

CORREIA, Miguel Pupo, Direito Comercial – Direito da Empresa, 13.ª edição, Lisboa: Ediforum, 2013

CUNHA, Carolina, Manual de Letras e Livranças, Almedina, 2015

CUNHA, Paulo Olavo, Lições de Direito Comercial, Coimbra: Almedina, 2010

SANTOS, Filipe Cassiano dos, Direito Comercial Português, Volume I - Dos atos de comércio às empresas: o regime dos contratos e mecanismos comerciais no Direito Português, Coimbra:Coimbra Editora, 2007

VASCONCELOS, Pedro Pais de, Direito Comercial, Vol. I, Coimbra: Almedina, 2010

Weekly Planning

Theoretical Lessons

1st Week
Presentation
General considerations about the curricular unit.
Introduction. Notion of commercial law Portuguese
Evolution of the mercantile law. The Commercial Law of the future.

2nd Week
The problem of commercial law autonomy: the credit protection, celerity in business activity, assurance and firmness of transactions protection, appearance protection.
Sources of commercial law Portuguese.
External sources and internal sources
Application of civil law to commercial matters.
Trade act notion.
Classification of trade acts.

3rd Week
Objective trade acts
Interpretation of the first part of art. 2 CCom.
Meaning of art. 230 CCom in the context of commercial acts.
Formal and substantial commercial trade acts.
Bilateral and unilateral trade acts.

4th Week
Autonomous trade acts and accessory commercial acts
Commercial acts qualification by analogy.
Agency and commercial concession contracts.
The accessory theory.
Subjective trade acts.
Traders.

5th Week
Persons not eligible traders and those who are legally inhibited the profession. Others.
Legal status of commercial transactions: form, severe liability, status limitation and legal rate of interest.

6th Week
Late payments in commercial transactions.
Spouse liability for commercial debts.

7th Week
Status of traders:the firm, bookkeeping, accountability.Introducition to insolvency.

8th Week
Undertakings in the objective perspective.
Undertaking notion.
Business on undertakings: undertaking sale.

9th
Written test.

10th Week
Business on enterprises: undertaking lease. Case law about undertaking sale and lease.

11th Week
Association "en participation contract.
The distinctive commercial signs: Trademark.

12th Week
The distinctive commercial signs: Logo.
Designations of origin and geographical indications.
Rewards.
Negotiable instruments. Types.

13th Week
Negotiable instruments. Legal framework.

14th Week
Written test.

For calendar reasons, will be taught 14 theoretical classes

The written test will be held in the evening class (3º B) schedule in 9th and 14th classes.

The date planned for the written tests may be changed.

Practical Lessons

1st Week
Presentation.
General considerations.

2nd Week
The objectivism and subjectivism.
Trade acts.
Agency contracts and concession commercial. Case law and resolution of practical exercises.

3rd Week
Resolution of practical exercises on the qualification of acts of trade and distribution agreements.


4th Week
Trader quality.
Resolution of practical exercises.

5th Week
Resolution of pratical exercises on the legal framework of commercial transactions: severe liability, status limitation and legal rate of interest.
Late payments in commercial transactions.
Spouse liability for commercial debts.

6th Week
Resolution of practival exercises on the legal framework of market relations: passive solidarity, prescription and interest
Resolution of practical exercises on spouse liability for commercial debts.
Case law analysis.

7th Week
Resolution of practical exercises on liability for debts.
Late payments in commercial transactions. Resolution of practical exercises.

8th Week
Resolution of practical exercises on the firm. Case law analysis.

9th Week
Resolution of practical exercises business sale and lease.

10th Week
Resolution of practical exercises on business sale and lease Case law analysis.


11th Week
Resolution of practical exercises on Association "en participation" contract.
The distinctive signs. Jurisprudential analysis.
Resolution of practical exercises on trademarks.

12th Lesson
Resolution of practical exercises on negotiable instruments.

For calendar reasons, will be taught 12 pratical classes

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

To achieve the objectives: Know the conceptions and sources of commercial law, through the syllabus included in introduction: Identify the acts of trade in general, the syllabus of Chapter I; Understand and apply the legal regime of the agency contract to distribution contracts, the the syllabus provided by the Chapter I, Qualify the subjects of business (traders) and to identify and understand the commercial legal framework, the syllabus provided in the Cap II; Qualify commercial companies and identify the legal framework of business on businesses and the Association 'en participation" contract, the suitable contents are those of Chapter III; Identify and apprehend the legal regime of the distinguishing signs of the company and products, the syllabus provided by the Chapter IV; Understand the general principles of negotiable instruments, the syllabus of the Chapter V.

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

Methods expositive and interrogative, the last one underlying the practical exercises to be solved, coordinated with case law analysis, will be used to attain the following objectives - Know the conceptions and sources of commercial law - Identify the acts of trade in general - Understand and apply the legal framework of agency contract to distribution contracts, - Qualify the subjects of business (traders) and identify and understand the commercial legal framework - Qualify commercial companies and identify the legal framework of business on businesses and Association 'en participation" contract- Identify and apprehend the legal regime of the distinguishing signs of the company and products - Understand the general principles of negotiable instruments

relevant generic skillimproved?assessed?
Achieving practical application of theoretical knowledgeYesYes
Analytical and synthetic skillsYesYes
Ethical and responsible behaviourYesYes
Problem Analysis and AssessmentYesYes
Problem-solvingYesYes
Research skillsYesYes
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