Base Knowledge
Knowledge of the Legal Framework of Business Activity is required (curricular unit taught in the 1st year of the degree).
Teaching Methodologies
In this curricular unit, theoretical classes and practical classes are taught. The firts ones have a more expositive feature. In the second ones, doubts of the students are solved and practical exercises related to topics previously addressed in theoretical classes are resolved.
Learning Results
Following the course on Legal Framework for Business Activity (EJAE), the course on Business Law aims to continue to provide students with the essential mental frameworks in terms of the concepts, principles and normative legal solutions considered most relevant for the understanding of the Portuguese legal system underlying the legal-business relationship, from a legal, doctrinal and jurisprudential perspective.
The repetition of taught subjects is avoided, giving emphasis to the deepening of themes previously addressed in EJAE and new themes are developed specifically related to companies.
The curricular unit aims to provide students with solid knowledge in the field of Commercial Law, Company Law, Commercial Contracts, the protection of the company’s distinctive signs (Intellectual Property and Competition) and Labor Law, and to introduce them to some of the most common business law issues.
Objectives and skills:
– Master the fundamental concepts inherent to legal matters that relate to the business reality, as well as the respective legal regime.
– Know the main doctrinal and jurisprudential issues that arise in an economic and social area in permanent transformation.
– Rigorously distinguish the various legal institutes that together make up this area of law.
– Easily identify the legislation applicable to each specific situation in a context of wide normative dispersion.
– Assess the main issues that arise in the scope of Labor Law and Intellectual and Industrial Property.
Program
I. Business Law: evolution, notion, sources, scope, subjects – brief reference and reference to previous course units
II. legal and business affairs
1. General remarks
1.1. Typical contracts and atypical contracts. Mixed contracts.
1.2. Named contracts and unnamed contracts.
1.3. Usual structure of commercial contracts: adhesion contracts and the inclusion of general contractual clauses.
2. The commercial purchase and sale agreement.
3. Bonds and securities.
3.1. The bill of exchange.
3.2. The Livrance.
3.3. The check.
3.4. The actions.
3.5. The obligations.
4. Distribution contracts.
4.1. The agency contract.
4.2. The commercial concession contract
4.3. The franchise agreement (franchising)
5. Bank contracts.
5.1. The account opening contract.
5.2. The bank account.
5.3. The bank deposit agreement.
5.4. Overdraft and bank advance.
5.5. The credit opening agreement.
5.6. Documentary credit.
5.7. Autonomous bank guarantees.
5.8. Comfort letters.
6. Credit and financing agreements.
6.1. The loan contract.
6.2. Consumer credit.
6.3. The financial lease or leasing contract.
6.4. The renting contract or operating lease.
6.5. The long-term rental agreement.
6.6. The financial assignment or factoring contract.
6.7. The confirming contract.
6.8. The barter contract.
7. The contract of carriage.
8. The insurance contract.
III. Industrial property and competition
1. Introduction: Intellectual and industrial property (concepts and scope)
2. Distinctive signs of companies
3. Protection of competition and unfair competition regime
IV. Company and labor law
1. Sources of labor law – brief reference and reference to previous course units
2. The employment contract: concept, legal determination criteria, characteristics and subjects
3. The worker: duties and guarantees
4. The employer: duties and powers, the legal and labor relevance of the company
5. Special types of employment contract
6. Vacations, holidays and absences.
7. Termination of the employment contract
Curricular Unit Teachers
Internship(s)
Bibliography
Abreu, Jorge Manuel Coutinho. Commercial Law Course, vol. I., Almedina, 2022
Abreu, Jorge Manuel Coutinho. Commercial Law Course, vol. II, Almedina, 2021
Cunha, Paulo Olavo. Business Law for economists and managers, Almedina, Coimbra, 2020
Abreu, Jorge Manuel Coutinho. Corporate Governance, Almedina
Abreu, Jorge Manuel Coutinho (coord.). Corporate Law Studies, Almedina, 2020
Abreu, Jorge Manuel Coutinho. On Entrepreneurship – Companies in Law, Almedina, 1996
Beloved, Joao Leal. Employment Contract – Noções Básicas, 4th edition, Almedina, Coimbra, Reprint 2023
Correia, Miguel J. A. Pupo. Commercial Law – Company Law, Ediforum, Reimp. 2022
Gonçalves, Luís Manuel Couto. Industrial Law Manual, Almedina, 2022
Martins, Alexandre Soveral. On the Inspection of Public Limited Companies – The inspection bodies. The ROC, Almedina, 2020
Pereira, Alexandre Diaz. Intellectual Property Law and New Technologies – Studies Vol. I, Gestlegal, 2019
Ramirez, Paul. Commercial Law, 3rd edition, Almedina, Coimbra, Reprint 2022
