Legal Framework for SMEs

Basics of civil law.

The course contents will be treated using two complementary methodologies: interpretation and analysis of the legal provisions and exposure of the contents by the teacher and their discussion with the students; resolution of practical cases and jurisprudential decisions by students.

It is expected that at the end of the course each student will be able to:

a) qualify an act or an obligation as commercial;

b) distinguish and qualify a subject of a legal relationship as a trader;

c) qualify an organization as a company;

d) establish commercial companies;

e) know the organization and functioning of commercial companies;

f) identify the main rights and obligations of the members or shareholders;

g) distinguish individual working contracts from provision of services contract;

h) know the rules regarded to the formation, the execution and the termination of individual working contracts;

i)identify the consumer rights foressen in the current legislation;

j) recognize general contractual clauses inserted in individual contracts and assess the terms of their use;

k) recognize unfair commercial practices in consumer relations;

l) identify essential public services and apply their most consumer-friendly legal regime;

m) identify consumers’ rights in the case of sale and guarantee of consumer goods.

Part I – Small and Medium Enterprises

1. Definition of Small and Medium Enterprises

2. Specificities of micro-enterprises in the context of the Labor Code

Part II – Commercial Law

3. Merchants

4. Status of Merchants

5. Trade Acts

6. Commercial Companies

Part III – Labor Law

7. The individual employment contract

8. Rights and duties of the employer and the worker

9. Modification and termination of the employment contract

Part IV – Consumer Law

10. The legal regime applicable to consumer protection

11. General contractual clauses

12. Unfair commercial practices

13. The law on essential public services

14. Sale and guarantee of consumer goods

• - Written test - 100.0%

• - 3 written tests - 100.0%

NAO

Abreu, J. M. C. (2019). Curso de Direito Comercial (2 vols). Almedina.
Abreu, J. M. C. (2015). Estudos de Direito das Sociedades. Almedina.

Falcão, D. (2020). Lições de Direito do Consumo. Almedina

Amado, J. L. (2019). Contrato de Trabalho. Coimbra Editora

Martinez, P. (2022). Direito do Trabalho. Almedina

Silva, J. (2010). Venda de bens de consumo – comentário. Almedina