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Law of Obligations I 2017/2018

Objectives

a) Define the concept, structure and function of the obligation
b) Distinguishing obligations and other classes of legal relations
c) Classify the sources of obligations
d) Analyze and interpret contracts
e) Compare “promissory contract” and “preferably pact”
f) Recognize a contract “in favor of third” and a Contract for a nominee
g) Identify unilateral legal Businesses
h) Infer the notion and requirements of legal Businesses management
i) Explain the manager's duties to the owner of the Business, the Business owner's duties to the manager and
the position of the owner of the Business to third parties
j) Locate generating situations of enrichment without a reason
k) Deduct the requirements and the object of the obligation to restitute
l) Identify Civil liability situations
m) List the assumptions of Civil liability
o) Combine these assumptions with Civil liability based on risk
p) review the liability of the producer
q) Identify liability situations

Recommended Prerequisites

Introduction to Law and Civil Law General Theory I and II

Teaching Metodology

To fully achieve the objectives of the course, in the lectures, it is used the expositive lessons, parallel and
simultaneously accompanied with the debate of ideas, complemented, also, with the critical analysis of
legislation, judgments and other documents. In what concerns to the practical classes, it is seek that the
student could apply and demonstrate the knowledge acquired in lectures, solving and pointing solutions to legal
problems / created chances, thus, stimulating him/her to build a
cohesive legal thinking. In practical classes, it is, also, promoted, a close contact with the work reality, trying to
permit the student to successively pass the difficulties and steps that are being purposefully created through
the presentation and case studies, so that the student realizes its own degree of evolution and evidencing the
gaps in their knowledge.

Body of Work

CHAPTER I
1 - General Considerations for Obligation Law
Concept, Structure and Function of the Obligation
The Obligations and the Other Classes of Juridical Relations
CHAPTER II - Obligations Sources
Contracts
Unilateral Legal Business
Legal Business management
Enrichment Without a Reason
Civil Liability
2 - Civil liability for unlawful acts
3 - Liability based on risk
4 - Liability of Producer
5 - Liability for lawful acts

Recommended Bibliography

VARELA, João de Matos Antunes – Das Obrigações em Geral (Volume I). Almedina, 9.ª
Reimpressão da 10.ª edição de 2000, 2012, ISBN 9789724013893
SILVA, João Calvão da – Sinal e Contrato-Promessa. Almedina, 2010, ISBN: 9789724044163
SILVA, João Calvão da – Responsabilidade Civil do Produtor. Almedina, 1990,ISBN:9789724004778
www.dgsi.pt
www.pgdlisboa.pt

Complementary Bibliography

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
COSTA, Mário Júlio de Almeida – Direito das Obrigações. Almedina, 12.ª Edição Revista e
Atualizada – Reimpressão, 2009, ISBN 9789724040332
COSTA, Mário Júlio de Almeida e CORDEIRO, António Menezes – Cláusulas contratuais
gerais. Almedina, 1995, ISBN 9789724000466
COSTA, Mário Júlio de Almeida – Responsabilidade civil pela rutura das negociações
preparatórias de um contrato. Coimbra Editora, 1984
FARIA, Jorge Leite Areias Ribeiro – Direito das Obrigações (Volume I). Almedina,
Reimpressão, 2003, ISBN 9789724004556
LARENZ, Karl – Lehrbuch des Schuldrechts. Beck, C H, 1987, ISBN:978-3-406-31997-6
TELLES, Inocêncio Galvão – Direito das Obrigações. Almedina, Reimpressão da 7.ª Edição,2010, ISBN
9789723207712

Weekly Planning

Lectures
1st class
Introduction
1 - General Considerations of Obligations Law
2 - Object
3 - Methodology
4 - theoretical and practical importance of Obligations Law.
5 - doctrinal and legal systematization of Obligations Law.
2nd class
Concept, Structure and Function of the Obligation
1 - Obligation Concept
2 - Obligation Structure
2.1 - Analysis of Crediting Relations
2.2 - Legal nature of the obligation
3 - Obligation Function
The Obligations and the Other Classes of Legal Businesses
1 - The Obligations and Property Law
2 – The Obligations and Family Law
3 – The Obligations and Succession Law
3rd class
Obligations sources
Contracts
1 – General aspects
2 - Mixed contracts
3 - Bilateral and Unilateral contracts
4th class
4 - Onerous and free of charge contracts
5 - Contracts with real effectiveness
6 - Contract-promise
5th class
7 – Preferably Pact
8 - Contract in favor of third
9 - Contract for a nominee
6th class
Unilateral Legal Businesses
1 - Concept and effectiveness
2 - Public Promise
3 – Public Concourse
7th class
Legal Business Management
1 - Concept and requirements
2 - manager's duties with the business owner
3 - business owner's duties with the manager
4 - The position of the business owner to third parties
8th class
Enrichment Without a Reason
1 - enrichment-generating situations without reason
2 - Requirements
3 - Obligation of restitute subject
9th class
First mini-teste
10th class
Civil Liability
1 – General Aspects
2 - Civil liability for unlawful acts
8 2.1 - premises:
(i) A voluntary harmful Fact
(ii) Unlawfulness
9 (iii) Nexus of imputation
(iv) damage
11th class
(v) Nexus of imputation of the harmful fact
2.2 - Ownership of the right of compensation
2.3 - Limitation of the right of compensation
3 - Liability based on risk
3.1 - Strict liability strict liability
3.2 - Liability of the principal
12th class
3.3 - Liability of the State and other Collective Public Persons
3.4 - Damage caused by Animals
3.5 - Damage caused by Electricity or Gas Facilities and the exercise Other Activities
13th class
4 - Liability of Producer
14th class
5 - Liability for lawful acts
15th class
Second Mini-teste
Weekly Planning of practical classes
1st class
Presentation of the course and general considerations on the subject.
analysis of the concept Obligation and study of its structure.
2nd class
The crediting legal relationship. Its elements
Practical situations.
3rd class
Critical analysis of private contracts and their general characteristics.
Distinction between bilateral and unilateral contracts.
Practical examples.
Study of contracts with real effectiveness
4th class
Case studies on promissory contract.
Study of the legal system.
5th class
Case studies on promissory contract.
Completion of the study on promissory contract.
6th class
Case studies about preference pact.
Legal preference and conventional preference: practical examples.
7th class
Analysis of contracts in favor of third.
Critical appreciation of jurisprudence on contracts with nominee clause.
Legal implications of this contractual clause.
8th class
Unilateral business: legal framework analysis.
Legal Business Management: case studies.
9th class
Enrichment without reason: case studies.
10th class
Civil Liability
Analysis of the legal requirements.
11th class
Liability: case studies.
12th class
Liability based on risk: case studies.
13th class
Damage caused by Animals: case studies of civil liability.
14th class
Producer Liability: case studies.
15th class
Liability for lawful acts
Case studies.
Review of the matter.

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

Upon completion of the course it is looked that the student acquires a complete and satisfactory knowledge about the Law of Obligations and, using the law and a critical analysis of jurisprudence, find the appropriate
legal solutions to practical situations that certainly will face in the course and course of their professional
activity. In this way, students will be able to achieve the objectives in defined in a), b) and c) after the study of
Chapter I. It is also intended that the goals above in d), e), f) and g) could be archived with the study of Chapter
II. The learning objectives identified in h) and i) with the study of legal business management. Since the
objectives set out in points k) and j) will be achieved after the taught of enrichment without reason institute.
Regarding to the goals described in m), o), p) and q) with the study of the points 1, 2, 3, 3, 4 and 5 of Chapter II
of 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 expositive method, but is not dispenses the
interactivity with the student in a constant debate positions based on the various program themes. Thus, to
achieve the correct definition of the concept, structure and function of the Obligations and make the distinction
of Obligations and other classes of legal relations, is exposed to the student all doctrinal aspects existing,
following up these considerations with the analysis of Portuguese law. In the approach to the sources of
obligations it is not dispensed the critical analysis of contradictory judgments about aspects most controversial
of the legal regime, trying to demonstrate the legislative developments of each. To apply the legal framework
for legal business management to practical situations provided, operationalize the quantum's obligation of
restitute and settle legal premises made about liability.

relevant generic skillimproved?assessed?
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