Commercial Contracts

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

The contact sessions include theoretical classes and practical classes. The first ones are expository and the seconds imply reflection and critical debate with students, as well as the performance of practical exercises and analysis of jurisprudence.
The curricular unit will also have conferences, to be held on a date scheduled upon availability of the speakeres.

The commercial contracts curricular unit, integrated in the 1st year of the Master’s degree in Solicitorship, dedicated to the branch of companies, addresses the contractual matter in the field of common law that is civil law and in the field of a branch of special law that is commercial law. In fact, in addition to commercial contracts, there are some civil contracts which prove to be imperative for the business sphere and which need to be addressed. 

The subject taught in this curricular unit aims to provide students with basic mental frameworks, at the level of concepts, principles and legal solutions that should be considered more relevant for the understanding of the commercial legal-contractual relationship, from a legal, doctrinal and jurisprudential perspective.

It aims to complement the knowledge acquired in the disciplines of Commercial Law and/or Corporate Law.
The curricular unit aims to provide students with solid knowledge of the more common contracts from a business perspective.

 It stimulates research, critical analysis, the necessary legal-scientific argumentation and develops professional skills and competences, and legal debate.

I. Contract Law: framework

1.1. Contract concept

1.1.2. The contract as a

1.1.3. The contract as a performance agreement

1.1.4. The contract as a reflexive agreement

1.2. Synthetic formulation of the concept of contract

1.3. Contracts and their modalities

II. Civil contracts

4.1. The purchase and sale contract

4.2. Donation contract

4.3. Of the concession contracts of enjoyment: the lease agreement

1. Rental for housing purposes

2. Differentiation from the local accommodation scheme. Distinction and legal regime.

3. Leasing for non-residential purposes

III. Commercial contracts – typologies

2.1. Contracts normatively and naturally business;

2.2. Other typologies:

2.2.1. Pure and mixed commercial contracts;

2.2.2 Absolute and relative commercial contracts

2.2.3 Other classifications.

IV. Fonts

3.1. Internal sources

3.1.1 Private autonomy

3.1.2 Laws and Regulations

3.1.3. Commercial uses

3.2. International sources

3.2.1 International and European Trade Law

3.2.2 Lex Mercatoria.

V – Commercial contracts in general

5.1. Pre-contractual agreements and the formation of the contract.

5.2. Content – the general limits and special limits

5.3. Effects. Commercial obligations and compliance and non-compliance with commercial contracts

5.4. Clauses typical of pure commercial contracts:

5.4.1. The “force majeure” clause

5.4. 2. Adaptation clauses

5.4.3. Criminal clause.

VI. – Of commercial contracts in particular

1. Contracts in the Commercial Code

2. Cooperation agreements. Joint venture. Consortium. Association in participation. Complementary Grouping of Companies. European Economic Interest Grouping.

3. The commercial purchase and sale contract.

4. Distribution contracts. Agency. Commercial Concession. Franchising. Ancillary contracts. Derivative contracts.

5. Banking contracts.

6. Financial contracts.

7. Insurance contract.

8. Contract of carriage.

NAO

Almeida, Carlos Ferreira (2022). Contratos I. Conceito. Fontes Formação. Coimbra: Almedina.

Almeida, Carlos Ferreira (2021). Contratos II. Conteúdo. Contratos de troca. Coimbra: Almedina.

Almeida, Carlos Ferreira (2019), Contratos III. Contratos de liberalidade, de cooperação e de risco. Coimbra:
Almedina.

Almeida, Carlos Ferreira (2020). Contratos V. Invalidade. Coimbra: Almedina.

Antunes, José A. Engrácia (2017). Direito dos Contratos Comerciais. Coimbra: Almedina.

Coutinho de Abreu, Jorge Manuel (2022). Curso de Direito Comercial. Coimbra: Almedina.

Menezes Leitão, Luís Manuel Teles de (2022). Direito das Obrigações. Volume III. Coimbra: Almedina.

Menezes Leitão, Luís Manuel Teles de (2022). Arrendamento Urbano. Coimbra: Almedina.

Monteiro, António Pinto (2009). Contratos de distribuição comercial. Coimbra: Almedina.

Romano Martinez, Pedro (2017). Direito das Obrigações. Parte especial: contratos. Coimbra: Almedina.