Commercial Contracts

The curricular unit aims to complement the knowledge acquired in the disciplines of Civil Law and Commercial Law.

The contact sessions include theoretical and practical classes. The first ones are expository and practical. The others imply reflection through the presentation and discussion of scientific papers presented by students.

The commercial contracts curricular unit, dedicated to the branch of companies, addresses the contractual matter on the field of civil law and on the field of commercial law. There are some civil contracts that are imperative for the business sphere.

Goals:

– provide students with basic mental frameworks, on the level of concepts, principles and legal solutions;

– knowledge of the main contracts and their legal, doctrinal and jurisprudential regimen (reflection about the purchase and sale contract, the rental contract, the local accommodation contract, the lease contract, cooperation contracts, distribution contracts, banking contracts, financial contracts (on particular, the leasing contract), the insurance contract, the transport contract, contracts celebrated by distance and contracts celebrated outside the commercial establishment).

Skills:

– ability to research;

– critical analysis; and,

– ability for debate and legal argumentation.

I. Contract Law: contract concept and types of contracts.

II. Some Civil contracts:

1. The purchase and sale contract

2. Donation contract

3. Local accommodation contract

4. Rental contract

III. Commercial contracts

1. Concept, typologies and sources

2. Commercial contracts:

2.1. Contracts on the Commercial Code

2.2. The commercial purchase and sale contract

2.3. Distribution contracts. Agency. Commercial Concession. Franchising. 

2.4. Banking contracts

2.5. Financial contracts

2.6. Insurance contract

2.7. Contract of carriage

3. Contract celebrated by distancie and celebrated outside the commercial the establishment

I. Distributed evaluation
a) A written test will be carried out, approximately in the middle of the trimester (40%); and,
b) Students will present and discuss a written scientific paper (60%), since the 3rd class.

The research work must be delivered in paper format, following the subjects and formatting instructions required by the teacher, available at the beginning of the classes. The submission has to be made on the week prior to the oral defense.

II. Final evaluation
Students undergo an examination that focus on the entire curriculum.

To obtain approval in the curricular unit, students need to obtain, at least, 10 points.

NAO