Base Knowledge
CB1. Knowledge of philosophy, Portuguese, and history at the high school level (recommended).
CB2. Fundamental concepts of law at the high school level (optional).
Teaching Methodologies
ME1. Interactive Presentation (Lectures): Theoretical sessions focused on the structured transmission of key principles and concepts, involving targeted questioning and responses to student inquiries.
ME2. Analysis of applicable positive law: analysis of current legislation regarding Business Law and Labor Law.
ME3. Practical case-based learning: resolution of cases developed from real-life situations, including those addressed in case law.
ME4. Learning through the analysis of court rulings: analysis of decisions by higher courts concerning subject matter covered in the syllabus.
Learning Results
a) Learning objectives
Upon completion of this course unit, the student will be able to:
LO1. Master the fundamental concepts inherent to legal matters relating to the business and labor environments, as well as the corresponding regulatory framework.
LO2. Understand the key doctrinal and jurisprudential issues arising in these two socio-economic areas, which are in a state of constant evolution.
LO3. Precisely distinguish between the various legal concepts and institutions that collectively constitute these areas of law.
LO4. Easily identify the commercial and labor legislation applicable to specific situations.
b) Associated skills:
CS1. Mastery of the fundamental principles of Business Law and Labor Law.
CS2. Ability to identify, interpret, and apply legal rules to specific situations, navigating the interplay between questions of fact and questions of law.
CS3. Capacity to research doctrinal and jurisprudential information related to the course syllabus.
CS4. Oral and written competence demonstrating structured and well-grounded legal reasoning regarding the scientific fields in question.
Program
P1. Fundamental elements of Introduction to Law, General Theory of Civil Law, and Law of Obligations
P2. BUSINESS LAW
2.1. Genesis and evolution
2.2. Characterization
2.3. Sources
2.4. Interpretation of commercial law and filling of legal gaps
P3. THE MERCHANT
3.1. Merchant status
3.2. The individual merchant
3.3. Commercial companies – conceptual framework
3.4. Origin and evolution
3.5. Legal definition
3.6. Typology under the Commercial Companies Code
3.7. Related concepts
3.8. Business companies in foreign legal systems
3.9. Incorporation of commercial companies
3.10. Effects of business company incorporation
3.11. Rights and duties of partners/shareholders
3.12. Acquisition and distribution of profits
3.12. Corporate losses
3.13. Assets and share capital
3.14. Reserves
3.15. Corporate bodies
3.16. Increase and reduction of share capital
3.17. Merger, split, and transformation of commercial companies
3.18. Dissolution of the business company
P4. THE COMMERCIAL ESTABLISHMENT
4.1. Characterization of the commercial establishment
4.2. The transfer of business (*trespasse*) contract
4.3. Commercial establishment lease agreement
4.4. Competition protection
4.5. Unfair competition
4.6. Industrial property
4.7. Insolvency
P5. COMMERCIAL CONTRACTS
5.1. Typical and atypical contracts; mixed contracts
5.2. Commercial sale and purchase contract
5.3. Negotiable instruments and securities
5.4. Distribution contracts
5.5. Banking contracts
5.6. Credit and financing contracts
5.7. Contract of carriage
5.8. Insurance contract
P6. LABOR LAW
6.1. Concept, origin, and evolution of Labor Law.
6.2. Sources of Labor Law
6.3. Employment contract vs. service provision contract – distinction
6.4. Formation and typical content of the individual employment contract
6.5. Reduction and suspension of the employment contract – layoffs
6.6. Termination of the employment contract
Curricular Unit Teachers
Paulo Nuno Horta Correia RamirezGrading Methods
Students may choose one of two assessment schemes:
A) PERIODIC ASSESSMENT:
● MA1. Mid-semester assessment (50%): Reference materials (legislation) allowed. Minimum score of 8 points required. Mandatory.
● MA2. Assessment test held on the regular exam date (50%): Reference materials (legislation) allowed. Minimum score of 8 points required. Mandatory.
● AI Guideline: The use of Artificial Intelligence is not permitted.
● Final Grade Formula:
CF = 0.50 x MA1 + 0.5 x MA2
B) EXAM-BASED ASSESSMENT (Regular/Resit/Special Exam Periods):
● MA3. Individual Written Exam: any syllabus topic covered in class may be subject to assessment.
Attendance policy: there is no specified maximum number of absences or minimum number of required attendances.
Internship(s)
NAO
Bibliography
Core bibliography:
MELLO, Alberto de Sá e, *Direito do Trabalho para Empresas*, Coimbra, Almedina, 2025.
RAMIREZ, Paulo, *Direito Comercial*, 5th edition, Almedina, Coimbra, 2026.
Supplementary bibliography:
ABREU, Jorge Manuel Coutinho de, *Da Empresarialidade, As Empresas no Direito*, *Teses* Collection, Almedina, Coimbra, 1996.
ALBALADEJO, Manuel, *Derecho civil, II, Derecho de obligaciones*, 14th edition, Madrid, Edisofer, 2011.
ALMEIDA, António Pereira de, “Estrutura Organizatória das Sociedades”, in *Problemas do Direito das Sociedades*, collective work, Almedina, Coimbra, 2003, pp. 95 et seq.
AMADO, João Leal, *Contrato de Trabalho – noções básicas*, 4th edition, Coimbra, Almedina, 2024.
BERCOVITZ RODRÍGUEZ-CANO, Alberto, *Apuntes de Derecho Mercantil*, 16th ed., Aranzadi, 2015.
CUNHA, Paulo Olavo, *Direito das Sociedades Comerciais*, 7th edition, Almedina, Coimbra, 2019.
Notes:
1. This bibliography follows the traditional system of legal scholarship, predominantly used in Portuguese and foreign books, monographs, and academic journals.
2. The works listed are available for loan at the ISCAC Library.