Negotiable Instruments and Securities
Code
MM138
Department
Área de Ensino
Credits
6
Teacher in charge
Amadeu Ferreira
Weekly hours
4.5
Teaching language
Português
Objectives
General objectives:
1) To give students an overall conception of the system and of negotiable instruments and of the transactions effected with these instruments;
2) To introduce students to the national and community legal frameworks with regard to negotiable instruments and their relationship with ordinary private law.
Specific objectives:
1) To give students a clear concept of negotiable instruments and the principal transactions involving them, on the basis of the bill of exchange, the promissory note and the cheque;
2) To introduce students to the world of securities and derivatives, with particular emphasis the creation thereof, the transfer and encumbering thereof and the various types of public offer; to introduce the main rules governing the operation of securities markets.
Subject matter
Getting Acquainted; law of securities and financial instruments in legal encyclopedia; normative sources and their characteristics.
I - From the title to the security of credit: the general theory of securities to the general scheme of the securities, the legal technique of titration, the underlying situation and the situation titrated; classifications; typicality.
II - Evidence of credit: the bill of exchange, in particular, right cartulary and underlying right; cartulary legal business - service; endorsement; accepted; endorsement -; winning letter, letter of protest; compared with the regimes of the check and promissory note for each of the topics covered.
III - Financial instruments: concept and types; financial derivatives: forwards / futures, options and swaps; securities: concept; modalities; species; legal types of securities, particularly stocks, bonds and warrants; creation of new types; genesis of securities, particularly public offerings; representation and register systems and deposit; legitimacy to the exercise of rights; circulation, especially the transmission; encumbrance of values securities, takeover bids, in particular the mandatory takeover bids, acquisition leading to total domination, information and liability regime for information.
Bibliography
Toda a bibliografia será fornecida nos elementos de estudos a publicar nesta folha da disciplina, em particular no Guia de Estudos de Títulos de Crédito e Instrumentos financeiros a publicar ao longo do ano.
Teaching method
The method is based on the following procedures:
1) lectures by the lecturer;
2) practical exercises involving the course material solved in dialogue with the students;
3) comments on specific cases, with references to such case law as exists;
4) students’ written or verbal requests
Evaluation method
Written examination.