Banking and Insurance Law
Code
MM104
Department
Área de Ensino
Credits
6
Teacher in charge
Margarida Lima Rego
Weekly hours
4.5
Teaching language
Português
Objectives
To familiarize students with the main concepts and regimes of banking and insurance law, allowing for the application and development of knowledge acquired during their first law degree in the areas of civil and commercial law, introducing them to the legal instruments at their disposal in these two areas of financial law and, generally, developing their skills in the field of legal reasoning and practical problem solving. To take advantage of the fact that this unit joins together the study of two different subject matters so as to bring students to compare some legislative solutions at force in both fields.
Subject matter
I. Insurance law. 1. Origin. The economic and social importance of insurance. Fundamental concepts of insurance economics. Regulation and supervision. 2. The insurance contract. Prerequisites and essencial elements. Typical contentes: the coverage and the premium. The various participants in na insurance relation. 3. General part. 4. Special part: panoramic overview; study o fone class of insurance: liability insurance.
II. Banking law. 1. Origin. The economic and financial role of banks. Regulation and supervision. 2. The multiplicity od contract types. 3. The general banking contract. 4. Banking contracts in special.
III: Common issues. 1. The “financial services”. Massification and virtualization of contractual relations: standard terms, distance contracting and electronic commerce. 2. Duties to inform, to act diligently, to be loyal and of secrecy. Differences and similarities. 3. Grey areas.Bibliography
Cordeiro, A. Menezes – Manual de direito bancário, 4.ª ed., Almedina 2010.
Neto, A. – Operações bancárias. Legislação – Doutrina – Jurisprudência, Ediforum 2008.
Patrício, J. Simões – Direito bancário privado, Lisboa 2004.
Almeida, C. Ferreira de – Contratos III. Contratos de liberalidade, de cooperação e de risco, Almedina 2012.
Antunes, José A. Engrácia – Direito dos contratos comerciais, Almedina 2009.
Martinez, Pedro Romano e outros – Lei do contrato de seguro anotada, 2.ª ed., Almedina 2011.
M. Lima Rego (coord.) – Temas de direito dos seguros. A propósito da nova lei do contrato de seguro, Almedina 2012.Teaching method
Classes are based on a permanent dialogue between lecturer and students. Whenever possible, the various subject matters included in the syllabus are analyzed on the basis of practical exercises which describe life situations. So as to stimulate students’ independent research, some subject matters are presented in class by students, followed by a general discussion and, finally, by a comment by the lecturer, who, to the extent required, complements and develops some of issues covered by student work. Submittal of a longer, written version of the presentation takes place on or before the end of the semester, to be made available to all students.
Evaluation is carried out through a written exam with the duration of three hours. The final grade corresponds to the grade obtained in the final exam, it being possible to take into consideration work carried out during the semester (maximum impact of one or two values on the final grade).