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Bank and Insurance Law 2017/2018

  • 5 ECTS
  • Taught in Portuguese
  • Both continuous and final Assessment


With the use of the UC, the student will be able to: a) Understand the autonomy of Banking Law and the financial system and collective investment bodies; b) Differentiate means of securitization of credits; c) To know the way financial markets work; d) Recognize and characterize the various banking contracts; e) Mastering and distinguishing the various bank guarantees; f) To recognize the regime of access and exercise of credit institutions and insurers; g) Characterize and recognize financial contracts; h) To master the use of the adhesion contracts in the banking sector and to know the rules of consumer credit and housing credit; i) Identify the framework of banking secrecy; j) Know the minimum banking services regime; K) Identify the securities, recognize the financial derivatives; l) To discriminate the legal regimes of contracts of insurance; m) Understand the system of financial insurance, SORCA / FGA, SAT / FAT, SS and SV.

Recommended Prerequisites

Obligation Law I
Obligation Law II
Commercial Law

Teaching Metodology

To fully achieve the objectives of this course proposed, in the lectures, it is not dismissed expositive classes, however, it is parallel and simultaneously accompanied with the debate of ideas, which is constantly promoted between teachers and students, complemented, also, with the critical analysis of legislation, case laws and other documents. In what concerns to the methodology used in the classes, it is conceived in order to let the student apply and demonstrate their knowledge acquired in class, through an active participation, setting practical questions and aiming the respective solution by fostering a cohesive “Legal Thinking” enabling the
students to apply and demonstrate their knowledge. However, the performing on exercises that involves and requires an independent study by the student will not be forgotten.

Body of Work

1. Autonomy and object of Banking Law and its Structuring Principles. 2. Collective Investment Bodies. 3. Securitization of credits. 4. Regulatory market. Portfolio management. 5. Accession contracts: their use in the banking and insurance sector. Duties of financial intermediaries. 6. Securities. Financial derivatives: Swaps. 7. Bank contracts. Account agreement. Bank commissions. 8. The bank's credit guarantees. Apparent warranties. 9. Access and exercise of the banking activity and of the insurance and reinsurance activity. 10. Financial contracts. 11. Consumer credit in particular. Of the mortgage credit. 12. Bank secrecy. 13. Minimum banking services. 14. The Insurance Contract. 15. Financial insurance. 16. SORCA and FGA. 17. Accident Insurance and FAT. 18. Health and Life Insurance.

Recommended Bibliography

SILVA, João Calvão da, Banca, Bolsa e Seguros – Tomo I Parte Geral, 5.ª edição, Coimbra, Almedina, 2017
SILVA, João Calvão da, Titularização De Créditos – Securitization, 3.ª edição Coimbra, Almedina, 2013
ANTUNES, José A. Engrácia, Direito dos Contratos Comerciais, Reimpressão, Coimbra, Almedina, 2017
CORDEIRO, António Menezes, Direito dos Seguros, 2.ª Edição Revista e Atualizada, Coimbra, Almedina, 2017
MARTÍNEZ, Pedro Romano, BRITO, José Miguel de Faria Alves de, et al., Lei do Contrato de Seguro – Anotada, 3.ª Edição, Almedina, 2016


Complementary Bibliography

SILVA, João Calvão da, Direito Bancário, Coimbra, Almedina,
ALMEIDA, J. C. Moitinho de, Contrato de Seguro – Estudos, Coimbra, Coimbra Editora, 2009
VASQUES, José, Contrato de Seguro – Notas para uma Teoria Geral, Coimbra, Coimbra Editora, 1999
ALMEIDA, J. C. Moitinho de, Contrato de Seguro – Estudos, Coimbra, Coimbra Editora, 2009
VASQUES, José, Contrato de Seguro – Notas para uma Teoria Geral, Coimbra, Coimbra Editora, 1999
VASQUES, José, Direito dos Seguros, Coimbra Editora, 2005
VASQUES, José, Contrato de Seguro, Coimbra Editora, 1999
MARTÍNEZ, Pedro Romano, Contratos Comerciais, Lisboa, Principia, 2001
ANTUNES, Ana Filipa Morais, Comentário à Lei das Cláusulas Contratuais Gerais - Decreto de Lei N.º 446/85,
de 25 de Outubro, Coimbra Editora, 2013
CARVALHO, Jorge Morais, Manual de Direito de Consumo, Almedina, 2013
POÇAS, Luís, O dever de declaração inicial do risco no contrato de seguro, Almedina, 2013

Weekly Planning

1st WEEK
Theoretical Class - Presentation of the Curricular Unit and methods of evaluation. Brief note of the topics to be studied at UC. Autonomy and object of Banking Law and its structuring principles. The Banking Law and the Financial System.
2nd WEEK
Practice Class - Institutions of Collective Investment: Legal Regime.
Theoretical Class - Securitization of credits: Legal Regime.
3rd WEEK
Practice Class - The constitution of the banking relationship. Bank commissions. Bank Contracts: the account agreement.
Theoretical Class - Other bank contracts: credit and financing agreements.
4th WEEK
Practice Class - Bank Deposit Agreements. The escrow deposit.
Theoretical Lecture - Bank Guarantees of Credit: The bail omnibus.
5th WEEK
Practical Class - Bank Credit Guarantees: credit default swap. Apparent warranties.
Theoretical Class - Financial Contracts.
6th WEEK
Practice Class - From consumer credit in particular.
Theoretical Class - Housing credit.
7th WEEK
Practice Class - Minimum banking services.
Theoretical Class - Reviews for 1st mini-test.
8th WEEK
Practical Class - 1st mini-test.
Theory Class - Banking Secrecy.
9th WEEK
Practice Class - The regime of the insurance activity. Parallelism with the regime of access to banking activity.
Theoretical Class - The insurance contract: general notions and legal regime.
10th WEEK
Practice Class - Financial insurance: credit insurance and surety insurance.
Theoretical Class - SORCA: legal regime.
11th WEEK
Practice Class - FGA. Friendly Car Accident Statement (DAAA). Practical exercises of claim participation.
Theoretical Class - The right of return of the insurer. Critical analysis of jurisprudence.
12th WEEK
Practice Class - Work Accident Insurance and FAT
Theoretical Class - Life Insurance and Health Insurance.
13th WEEK
Practice Class - Regulatory Market. Management of caretakers.
Theoretical Class - Accession contracts and their use in the financial sector. Duties of financial intermediaries.
14th WEEK
Practice Class - Securities: financial derivatives.
Theoretical Class - Credit derivatives: conclusion. Reviews for the 2nd mini-test.
15th WEEK
Practical Class - 2nd Mini-Test.
Theoretical Class - Correction of the 2nd mini-test.

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

The student will be able to reach the objectives previously described in lines after the study of the previously indicated points of the program. In order to demonstrate the coherence between program content and the achievement of the objectives outlined, the student will consider himself apt to reach the objectives with the study and approval of the following contents, by the following correspondence: objective a), programmatic points 1 and 2; objective (b), program item 3; objective (c), programmatic points 4, 5 and 6; objective (d), program item 7; objective (e), program item 8; objective (f), programmatic point 9; objective (g), program item 10; objective h), program items 5 and 11; objective (i), program item 12; objective (j), program item 13; objective (k), program item 6; objective l), program item 14 and objective m), program items 15, 16, 17 and 18.

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

The curricular program that is proposed to be addressed in the curricular unit of Banking and Insurance Law aims to provide the student with sufficient knowledge to identify, distinguish and solve the various situations that arise in the day-to-day of a lawyer, as regards the area banking and insurance. Despite this fact, the subject has a high theoretical load, requiring a careful analysis of the legislation in force, which has been subject to constant changes, since they are volatile matters at economic times. Thus, aiming to convey this reality to the students, the theoretical class will necessarily have to be complemented with the implementation of discussions of ideas and critical analysis in the classes. In order to achieve all the learning objectives, the expository method is used first, but it is essential to interact with the student in the constant debate of positions.

relevant generic skillimproved?assessed?
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