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Business Law 2017/2018

  • 4 ECTS
  • Taught in Portuguese

Objectives

It is intended that the student be able to:
1. Learn the conceptions and the sources of commercial law;
2. Identify the acts of commerce in general;
3. Qualify the subjects of the commercial relationship (of the merchants);
4. Qualify commercial companies and identify the legal regime of business over the companies;
5. Identify and understand the legal regime of company and product distinctive signs;
6. Know the general principles that characterize credit instruments.

Recommended Prerequisites

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Teaching Metodology

The methods will be used: expository, Socratic, inductive and the method of the case. The expository is translated in the transmission of knowledge, the Socratic, process of evolutionary learning that consists in putting to the interlocutor a series of questions; And the inductive, which is translated into a reasoning, starting from a sufficient number of particular cases to conclude a general truth. The case method consists of "theorizing", based on case law.
The first, as a passive method, lacks articulation with other methods that enhance students' abilities. In order to sediment the expository discourse, the Individual study of a practical case in which the student comes into contact with the problem. The individual preparation is confronted in class with the discussion of the solution. The use of the inductive process will allow the jurisprudential study and the analysis of case studies.
These methods will be complemented by the case method.

Body of Work

Introduction:
(I) Concepts of commercial law
(Ii) Sources of commercial law
Cap I - Of acts of commerce in general
1.1 - Concept
1.2 - Objective and subjective trade acts
1.3 - Acts of autonomous trade and commercial transactions accessories
1.4 - Formally commercial acts and substantially commercial acts
1.5- Bilaterally Trade Acts
Cap II - Of merchants
2.1 - Qualifying subjects as traders
2.2- Subjects not qualified as traders
2.3- Inhibited subjects of the trade profession. Others
2.4- Legal regime of mercantile relations
2.5- Status of traders
2.6- Maturity of commercial obligations
Cap III - Of the companies
3.1- Species business with object
3.2- The companies and their legal subjects
3.3- Business on business
Cap IV - Distinctive signs of companies and products
4.1-Brands
4.2-Logos
4.3-Denominations of origin and geographical indications
4.4-Rewards
Chapter V - Securities
5.1-Typologies
5.2-Legal Regime. The cartular relationship

Recommended Bibliography

Abreu, Jorge M. Coutinho (2013). Curso de Direito Comercial, Vol. I. Coimbra: Almedina.

Antunes, José A. Engrácia (2009). Os Títulos de Crédito - Uma Introdução. Coimbra.

Cordeiro; A. Menezes (2012). Manual de Direito Comercial. Coimbra: Almedina.

Correia, A. Ferrer (2010). Lições de Direito Comercial. Reimpressão. Lisboa.

Cunha, Paulo Olavo (2010). Lições de Direito Comercial. Coimbra: Almedina.

Furtado, Jorge Henrique da Cruz Pinto (2016). Títulos de Crédito, Letra, Livrança e Cheque. Coimbra: Almedina.

Santos, Filipe Cassiano dos (2017). Direito Comercial Português, Volume I - Dos atos de comércio às empresas: o regime dos contratos e mecanismos comerciais no Direito Português. Coimbra: Coimbra Editora.

Sealy, L.S., R. J. A. Hooley (2008). Commercial Law: Text, Cases, and Materials. Oxford University Press.

Vasconcelos, Pedro Pais de (2011) Direito Comercial, Vol. I. Coimbra: Almedina.

Weekly Planning

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Demonstration of the syllabus coherence with the curricular unit's objectives

In order to answer the objective 1- To apprehend the conceptions and the sources of the commercial right, the indicated program contents are those of the Introduction: Conceptions of the commercial right, and Sources of the commercial right.
In order to identify the acts of commerce in general, the indicated program contents are those of Cap I- Of the acts of commerce in general.
To qualify the subjects of the commercial relation (of the merchants), the programmatic contents are those of the Cap II -Traders.
In order to qualify the commercial companies and to identify the legal regime of the businesses on the companies, the indicated contents are those of the Cap III- Of the companies.
In order to identify and apprehend the legal regime of company and product distinctive signs, the program contents indicated are those contained in Chapter IV.
In order to know the general principles that characterize credit instruments, the contents indicated are those included in Cap V-Securities.

Demonstration of the teaching methodologies coherence with the curricular unit's objectives

The expository method and Socratic method will apply to the learning of objectives 1, 2 and 6: To know the conceptions and sources of commercial law; Identify the acts of commerce in general; And To know the general principles that characterize credit instruments.
The inductive and case methods will apply to learning objectives 3, 4 and 5: Qualifying the subjects of the commercial relationship (of the traders); Qualify commercial companies and identify the legal regime of business over the companies; And Identify and understand the legal regime of the distinctive signs of companies and products.

relevant generic skillimproved?assessed?
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