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Law of Obligations II 2017/2018

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

Objectives

The Law of Obligations II course aims to provide and ensure the students knowledge of the general part of the
Law of Obligations. The student, after finishing successfully the course, will be able to:
a) Recognize the modalities of obligations concern both subjects and object;
b) Know the rules of the performance of the obligations;
c) Acquire knowledges on the assumptions of contractual civil liability;
d) Distinguish the temporary non-perfomance regime of the definitive non-performance regime and the
defective perfomance;
e) Identify the various forms of coercive execution of the provison;
f) Discriminate the termination causes of obligations other than performance;
g) Recognize and characterize the means of transmission the obligations;
h) Distinguish the general guarantee from the special guarantees and personal guarantees from the secured
garantees.

Recommended Prerequisites

General Theory of Civil Law and Law of Obligations I

Teaching Metodology

To fully achieve the proposed course objectives, in theoretic classes, it is not dispense the lecture,
accompanied by the exchange of ideas, which is constantly promoted between teachers and students,
complemented also with the analysis of legislation, court decisions and other documents. Regarding the
methodology adopted in practical classes, it aims that the students are able to apply and demonstrate the
knowledge acquired in lectures, solving and pointing out legal solutions to solve problems/hypotheses. In
practical classes, it is intended to promote close contact with the reality of work, through the presentation and
study of specific cases, encouraging a deeper understanding of matter and also directing the student to a
broader research project, which implies a separate study for the same.

Body of Work

CHAPTER I – Modalities of Obligations
Modalities concerning the subject
Modalities concerning the object
CHAPTER II – Performance
General features
Performance function
Legal nature of the performance
Who can provide the provision and to whom can be made the provision
Place of performance
Time of performance
Imputation of performance
CHAPTER III – Non-performance
Impossibility of performance and delay not attributable to the debtor
Non-performance and delay attributable to the debtor
Defective performance
Private coercion
CHAPTER IV – Termination of the Oligations
Transfer in lieu of payment
Consignment deposit
Compensation
Novation
Remission
Confusion
Extinction of the complex contracual relationships
CHAPTER V – Transmission of Credits and Debts
Credit assignment
Subrogation
Transmission of debt
Assignment of contractual position
CHAPTER VI - General Warranty Obligations
Notion
Conservation of the property guarantee
CHAPTER VII - Special Guarantee

Recommended Bibliography

VARELA, João de Matos Antunes – Das Obrigações em Geral, Vol. I e II, Almedina
SILVA, João Calvão da – Cumprimento e Sanção pecuniária compulsória, Almedina
TELLES, Inocêncio Galvão – Direito das Obrigações, Coimbra Editora.

Complementary Bibliography

Andrade, Manuel de – Teoria Geral das Obrigações
Cordeiro, Menezes – Direito das Obrigações
Costa, Mário Júlio de Almeida – Direito das Obrigações
Faria, Ribeiro – Direito das Obrigações
Larenz – Lehrbuch des Schuldrechts
Monteiro, A. Pinto – Cláusulas Limitativas e de Exclusão de Responsabilidade Civil
Vasconcelos, Luís Miguel Pestana de – Direito das Garantias

Weekly Planning

Lesson 1
CHAPTER I – Modalities of Obligations
Modalities on the Subject
1 - Active indeterminate subject obligations
2 - Plural obligations
2.1 – Joint obligations
2.2 – Several obligations
Lesson 2
Types of obligations concerning the object
1 - Divisible and indivisible obligations
2 - Specific obligations and general obligations
3 - Cumulative obligations, alternatives obligations and with ability to choose
4 - Pecuniary obligations
5 - Interest obligations
6 - Compensation obligation
Lesson 3
CHAPTER II – Performance
General Notions
1 - Definition of performance
2 - The satisfaction of the creditor's interest as obligation scope
3 - Creditor's interest relief on obligation regime
4 - Performance and the principle of good faith
5 - Punctuality rule
Lesson 4
Performance function
Legal nature of the performance
Who can provide and to whom can be made the provision
Place of performance
Lesson 5
Time of Performance
1 - Pure obligations and term obligations
2 – Loss of the term benefit
Imputation of performance
Lesson 6
CHAPTER III – Non-performance
General notins
Impossibility of performance and delay not attributable to the debtor
Lesson 7
Non-performance and delay attributable to the debtor
Defective performance
Lesson 8
The private coercion
(I) The Offensive Coercion
1 - Restrictive clauses and civil liability exclusion
2 - Penalty clause
3 – Payment in advance (signal)
4 – Express resolutive clause
Lesson 9
(II) The Coercion Defensive
1 – The non-performance exception
2 - The right of retention
1st mini-test
Lesson 10
CHAPTER IV – Termination of the obligation
Transfer in lieu of payment
Consignment desposit
Compensation
Novation
Remission
Confusion
Extinction of the complex contractual relationships
Lesson 11
CHAPTER V - Transmission of Credits and Debts
Credit assignment
Subrogation
Delivery of Scientific Work – Comment a decision of a court of justice
Lesson 12
Transmission of debts
Contractual position assignment
Lesson 13
CHAPTER VI - General Warranty Obligations
General provisions
Conservation of the property guarantee
1 – Declaration of invalidity
2 - Subrogation of the creditor to the debtor
3 – “Impugnação Pauliana”
4 - Arrest
Lesson 14
CHAPTER VII - Special Guarantees of Obligations
Provision of a security
Bail
Independent guarantees
Lesson 15
Consignment income
Pledge
Mortgage
Liens
The right of retention
2nd Mini-Test
Planning of Practical Classes
Contents
Lesson 1
Presentation of the curricular unit. Practical examples of the elements of the obligation relationship structure
Lesson 2
Practical examples on the modalities of the obligations concerning the subject
Lesson 3
Practical examples on the modalities of the obligations concerning the object
Lesson 4
Practical examples on the modalities of the obligations concerning the object
Lesson 5
Explanation on the performance systematization in the Civil Code. Practical examples on the various aspects of
performance
Lesson 6
Practical examples of the non-performance of the obligations. Resolution of practical cases and case law
analysis
Lesson 7
Practical examples of non-performance of the obligations. Resolution of practical cases and case law analysis
Lesson 8
Practical examples of non-performance of the obligations and other related aspects (limitation and civil liability
exclusion clauses)
Lesson 9
Practical examples of the various ways of terminating obligations
Lesson 10
Practical examples of credits transmission
Lesson 11
Practical examples of debits transmission
Lesson 12
Structuring the general guarantee and the special guarantees of obligations
Lesson 13
Practical examples of the general guarantee and the special guarantee of the obligations
Lesson 14
Resolution of practical cases on various matters. Clarification of doubts
Lesson 15
Reviews

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

The content of the course is intended to cover the study and understanding the concepts, principles and legal
institutions that are part of Title II of Book II of the Portuguese Civil Code - From Obbligations in General. It
seeks that students acquire a complete and satisfying knowledge and about the Law of Obligations, though the
analysis of the law and by critical appreciation of jurisprudence. The student will be able to identify the
modalities of obligations after study of Chapter I of the course program. The aim is also to achieve the objective
mentioned in paragraph b) to the study of Chapter II. The goal of learning, identified in paragraphs c) to e), will
be achieved with the study of Chapter III. The purpose of paragraph f) will be reached after the study of the
ways of termination the obligations. The same will happen with the purpose of paragraph g), after the study of the Chapter V. The objectives of subparagraph (h), they shall be complied with after completion he p

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

The Law of Obligations is a matter that, closing itself a great theoretical load, is also a core of essential rules of
relations between people. Thus, it is intended to give students this duality: the theoretical dimension of a
nuclear discipline of private law and the practical importance of the same in private relationships. To fully reach
all learning objectives is used the expository method, although not dispenses interactivity with the student in
constant debate positions based on the various program themes. Thus, to identify the modalities of obligations
it will apply the problem-solving method inspired by the forensic practice, and also the theoretical exposition of
the matter in order to guide the student in the self-study. In order to know the rules of the obligations and the
obligatory liability regime, distinguishing the regime of non-temporary fulfillment of the final and defective
compliance regime, teachers will explain matter and encourage the analysis and discussion in class and will
examine practical examples and interrogate students about the knowledge acquired during the self-study. To
identify the various forms of provision coercive performing and discriminate the causes of termination of
obligations other than performance, practical cases are presented to the student so that he be able to apply the
theoretical knowledge acquired and make an appropriate legal subsumption of the facts. In order to allow
students to recognize and characterize the means of transmission obligations and to distinguish the general
guarantee of the special guarantees and personal guarantees of collateral, teachers support the students in
their independent study and guide the students during resolution practical examples inspired by real life and
forensic practice, not abdicating the critical analysis of contradictory judgments about the most controversial
aspects of the legal regime of the means of transmission of obligations and special guarantees.

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