Commercial Law II
1
2018-2019
02261072
Law
Portuguese
Face-to-face
SEMESTRIAL
7.0
Elective
2nd Cycle Studies - Mestrado
Recommended Prerequisites
General Theory of Civil Law, The Law of Obligations; Commercial Law
Teaching Methods
We will strive to conciliate the presentation of the material included in the curriculum with the practical facet of law.We will present the subject matter at the beginning of each class, always with the intention of framing it within the legal system and of highlighting problems and their solutions, with the historic and comparative dimensions of law.At the end of class we will bring practical concerns to the fore, by solving cases, etc., and calling on students to participate in the discussion of the problems.Evaluation will take place by exam. But students may elaborate research papers.
Learning Outcomes
TCommercial Law I is a 2nd semester course that aims to study special commercial contracts, as a complement to the subjects taught in the1st semester. Some of the most important kinds of contracts in contemporary commercial praxis are studied with the aim of enabling students to understand the newest contract realities, their practical, social and economic role as well as their legal framework, both in terms of domestic law and in terms of EU law. In a world of constant, fast change, students are expected to address the new challenges with skill and legal training. Analysis of court decisions is, again, highly encouraged so that students develop critical thinking
Work Placement(s)
NoSyllabus
Commercial Contracts
Introduction
Chapter I – Commercial distribution contracts
1. Notion, raison d’être and modalities
2. Brief perspective of comparative law
Section I – Agency contract
Section II – Contract of commercial concession
Section III – Franchise agreement
Chapter II – Financing agreement
1. Raison d’être and modalities
Section I – Leasing contract
Section II – Factoring contract
Chapter III – Banking agreements
1. Raison d’être and modalities
Section I – The autonomous bank guarantee on first demand
Section II – Comfort letters
Head Lecturer(s)
António Joaquim de Matos Pinto Monteiro
Assessment Methods
Assessment
Exam: 100.0%
Bibliography
António Pinto Monteiro,
Contratos de distribuição comercial", 3ª reimpr, Almedina, Coimbra, 2009.
"Contrato de agência - Anotação", 7ª ed., Almedina, Coimbra, 2010.
"Erro e vinculação negocial", Almedina, Coimbra, 2001.
"Sobre as cartas de conforto na concessão de crédito, in, "Ab Vno ad Omnes, 75 anos da Coimbra Editora", Coimbra, 1995
António Pinto Monteiro/Carolina Cunha, "Sobre o contrato de factoring", in vol. comemorativo dos 75 anos do BFDUC, Coimbra, 2002
M.J. Almeida Costa/A. Pinto Monteiro, "Garantias bancárias. O Contrato de garantia à primeira solicitação, CJ, 1986, Tomo V.
Filipe Cassiano dos Santos, Lições de Direito Comercial
Nota: Alguns destes artigos estão disponíveis na Secção de Textos