Performance and Non-Performance of Obligations
2nd Cycle Studies - Mestrado
Students are expected to be proficient on, and be able to reflect upon core Civil Law-related subject matters, in particular in fundamental issues of the General Theory of Civil Law and Law of Obligations courses, with a greater emphasis on the latter. In order to conclude the Master's dissertation, excellent proficiency in written Portuguese and a good knowledge of German, Italian and French are also required.
The teaching method in this curricular unit will focus on the model of master classes, even tough time dedicated to reflexive criticism and dialogue with the students will be spent. Such debate will be more intense when the master students present papers that result from their investigation during the course of the year. In this context, in addition to the oral presentations that are required from students, it will be given an equal opportunity to speak critically about the presentations to all master students.
The course aims to provide students with a high level of knowledge in the Law of Obligations area, specifically concerning performance and non-performance of obligations, so that they are able to write a dissertation in a constructive, speculative manner that reflects the intended level of knowledge.
Part I - Performance of Obligations
1- General Issues
- Concept of performance of obligations
- Main principles concerning performance of obligations: the punctual and timely performance rule and the principle of good faith
- Performance requirements: creditor's capacity; debtor's capacity; debtor's legitimacy to dispose of the object of the duty to perform
2.Who can perform and to whom the obligation can be performed
3. Time and place of performance
4. Imputation of performance
5. Enforcement: defensive and offensive enforcement
Part II - Non-performance of Obligations
1. General Issues
- Concept of non-performance
- Modalities of non-performance concerning its cause
- Modalities of non-performance concerning its effect
2. Inability to perform and delay not attributable to the debtor
3. Defective performance
4. Default in acceptance
Filipe Miguel Cruz Albuquerque Matos
Research work: 100.0%
Varela, J. Antunes, Das Obrigações em geral, vol. II, reimpressão da 7.ª ed., Coimbra, 2001
Silva, J. Calvão, Cumprimento e Sanção Pecuniária, 4.ª ED.., Coimbra, 2002
Monteiro, A. Pinto, Cláusula Penal e Indemnização, Coimbra, 1990
Monteiro, A. Pinto, Cláusulas Limitativas e de Exclusão da Responsabilidade Civil, 2.ª reimpressão, Coimbra, 2012.