Commercial Contracts

The curricular unit aims to complement the knowledge acquired in the disciplines of:

CB1: Civil Law

CB2: Commercial Law.

The contact sessions include theoretical and practical classes.

ME1: The first ones are expository and practical, also using digital tools (Kahoot, Mentimeter).

ME2: The others imply reflection through the presentation and discussion of scientific papers presented by students.

ME3: The course includes tutorials adapted to the students’ needs.

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.

Learning Goals:

LG1: provide students with basic mental frameworks, on the level of concepts, principles and legal solutions;

LG2: knowledge of the main contracts and their legal, doctrinal and jurisprudential regimen (reflection about the purchase and sale contract, the donation agreement and deed of gift, the rental contract, the local accommodation contract, the deposit agreement, 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 to be developed:

S1: ability to research;

S2: critical analysis; and,

S3: ability for debate and legal argumentation.

P1. Contract Law: contract concept and types of contracts.

P2. Some Civil contracts:

1. The purchase and sale contract

2. Donation contract

3. Local accommodation contract

4. Rental contract

5. Deposit Agreement

P3. Commercial contracts

1. Concept, typologies and sources

2. Principal commercial contracts:

2.1. The commercial purchase and sale contract

2.2. Distribution contracts. Agency. Commercial Concession. Franchising.

2.3. Banking contracts

2.4. Financial contracts

2.5. Insurance contract

2.6. Contract of carriage

3. Consumer Credit Agreement. Contract celebrated by distancie and contract celebrated outside the commercial establishment.

MA1. Continuous 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 by NONIO, 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.

MA2. 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, 9,5 points.

The use of Artificial Intelligence is not permitted in written assessments, except for its moderate use in research papers.

In order to protect academic integrity when there is founded suspicion of fraud, the student is required to take an oral exam to verify the knowledge and skills demonstrated. This oral exam is conducted by the teacher of the curricular unit and two other teachers from the same field. If the student fails to demonstrate the knowledge and skills shown in the written exam, it will be invalidated.

NAO