Law Framework of the Company Activity

Basic knowledge is not recommended, as this is a uc of the 1st year, 1st semester.

The classes are taught through the theoretical exposition of the program contents combined with the practical aspect, with the resolution of real exercises related to the business area.

In branches of Law as vast as those analysed, the objectives of the curricular unit relate to the transmission of knowledge related to the discipline of Introduction to the Study of Law, Commercial Law, Labor Law and Consumer Law.

It avoids the repetition of themes with other curricular units and touches on the legal regime related to business activity, namely with regard to the trader, forms of contracting, labor relations and consumer protection from the perspective of companies’ liability for the sale of defective products.

Objectives: The aim is to sensitize students to the national legal system and, specifically, to the rules directly applicable in the business area, as well as to European and international legislation

Skills: It is intended that the student is able to identify the legislation applicable to each specific case and that he is able to resolve the practical issues that are submitted to him for consideration.

Part I – Introduction to the Study of Law – introductory notes:

1. Normative orders.

2. Characters of legal rules.

3. Purposes of law.

4. Sources of Law.

5. Systemoticity or Division of Law.

6. Interpretation and integration of the law.

7. Law enforcement on time.

Part II – Commercial Law 

8. Concept and autonomy of commercial law.

9. Acts and commercial activities. Notion of merchant, company and business establishment.

10. Types of trade acts.

11.Obligations of traders.

12. The trader on an individual behalf and the debt liability regime.

13. The EIRL, ACE and AEIE, the Consortium and the Participation Association.

14. Commercial companies, civil companies in commercial form and EIRL

15. Capacity of commercial companies.

16. Administration and management. Deliberations.

17. Civil liability of directors and managers in commercial companies.

18. General Meetings and validity of the members’ deliberations.

19. Transformation of companies. Mergers, cisons and related companies.

20. Criminal and contraordenational offences.

21. Business on undertakings: the trespass and leasing of the commercial establishment.

22. Competition Law.

23. Industrial Law.

24. Insolvency.

25. Commercial contracting.

26. Credit securities.

Part III. Consumer Law.
27. Systematic analysis of Law No. 24/96, of 31 July (Consumer Protection Law)

28. Corporate liability for defective products.

Part IV. Labour Law – brief introductory notes.

29. The individual employment contract and collective employment.

30.  The protection of the worker’s personal data, the right to disconnection, new challenges faced by labour law.

NAO

Abreu, Jorge Manuel Coutinho de. (2022). Curso de Direito Comercial, vol. I, 13ª ed., Coimbra: Almedina.

Abreu, Jorge Manuel Coutinho de. (2021). Curso de Direito Comercial, vol. II, Das Sociedades. 7ª ed., Coimbra: Almedina.

Amado, João Leal. (2022). Contrato de trabalho. Noções básicas. Coimbra. Almedina.

Carla Vieira, Iva. (2020). Guia prático de Direito Comercial. Almedina.

Cordeiro, A. Menezes. (2022). Direito Comercial. Coimbra: Almedina.

Cunha, Paulo Olavo. (2020). Direito Empresarial para Economistas e Gestores. Coimbra: Almedina.

Fernandes, António Monteiro. (2022). Direito do trabalho. 21ª ed. Coimbra: Edições Almedina.

Justo, António Santos, Introdução ao Estudo do Direito, 3ª Edição, Coimbra Editora, Coimbra

Ramalho, Maria do Rosário Palma. (2021). Direito do Trabalho – Situações Laborais Individuais. Coimbra: Almedina.

Ramirez, Paulo. (2021). Direito Comercial. Coimbra: Almedina.

Romano Martinez, Pedro. (2022). Direito do Trabalho. Coimbra: Almedina.