Civil and Commercial Contracts
Code
LM101
Department
Área de Ensino
Credits
6
Teacher in charge
Uría Menéndez-Proença de Carvalho (sociedade de advogados)
Weekly hours
4.5
Teaching language
Português
Objectives
The objective of this curricular unit is to provide students with the know-how purporting to contracts inherent to corporate life. The study involves contracts related to the organization and cooperation between companies, financing of companies and sale and distribution of their products. With this curricular unit it is intended that students learn the main contracts inherent to corporate life, acknowledge the interests underlying each contractual figure and, as such, grasp the legal framework of each contract, thus enabling them to develop and foster the leverage of contractual freedom within each contract.
Subject matter
Contracts on corporate organization or cooperation: Association by shares; Consortium; Intercompany Corporate Economic Interest Grouping; European Economic Interest Grouping;
Corporate financing contracts: Loan agreement; Credit opening; Shareholder loan agreement; Leasing contract; financial-lending; Documentary letter of credit;
Corporate credit warranty contracts: Guaranty agreement; first demand guarantee; Financial guarantee (chattel mortgage in guarantee; financial pledge);
Purchase and sale: Purchase and sale of defective goods; Purchase and sale of consumer goods;
Commercial distribution contracts: Agency, Concession; Franchising.Bibliography
Engrácia Antunes, Direito dos Contratos Comerciais, Coimbra, 2009.
Carlos Ferreira de Almeida, Contratos II, Contratos de Troca, Coimbra, 2012.
Carlos Ferreira de Almeida, Contratos III, Contratos de Liberalidade, de Cooperação e de Risco, Coimbra, 2012
Além desta bibliografia geral, indicada bibliografia específica para cada tipo contratualTeaching method
Classes shall articulate each contractual figure, from a black-letter standpoint but also from a historical and comparative perspective, with particular emphasis being given on the underlying interests related to the drafting, development and legal framework of each contract. The aforementioned exposition shall be based on the Socratic method. Practical situations shall be presented after the discussion, seeking the students’ legal opinions and underlying grounds - resolution of case studies will occasionally require workgroups to be formed.