Contracts and Tort Law

Code:

D300

Acronym:

DOBR

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2006/2007 - A

Active?	Yes
Course/CS Responsible:	Law

Cycles of Study/Courses

Acronym	No. of Students	Study Plan	Curricular Years	Credits UCN	Credits ECTS	Contact hours	Total Time
D	173	Official Study Plan - LD	3	-	13	-

Objectives

It is intended that students should acquire substantial knowledge of the material contained within the Contracts and Tort Law, which lies at the heart of Civil Law and of all Private Law. It is therefore fundamental that this material is presented to students in an efficient, careful and pedagogically correct manner that will facilitate learning.
It is also intended that, whilst learning the material that will enable them to soundly resolve the various real-life cases which come under its jurisdiction, students will also develop their powers of reasoning, as young jurists.
In short, there is a dual aim to this course: on the one hand it aims to transmit a solid knowledge of the discipline which will enable students to resolve the various questions involved in this discipline soundly and, on the other hand, it aims to develop the students´ potential for legal reasoning, thereby promoting their healthy development as young jurists and human beings.

Program

I- INTRODUCTION
A- The concept of Contract
B- The function of Obligation
C- The structure of Obligation

II- THE SOURCES OF CONTRACTS
A- Contracts
B- Unilateral Businesses
C- Business Management
D- Unjust enrichment
E- Civil liability

III- TYPES OF OBLIGATION
A- Types in terms of relationship
B- Types of obligation in relation to the subject
C- Types of obligation in relation to the object

IV- FULFILLMENT OF CONTRACTS
V- NON-FULFILLMENT OF CONTRACTS
A- Introduction
B- Impossibility of fulfilment and delays for which the debtor may not be held liable
C- Lack of fulfilment and delays foe which the debtor may not be held liable
D- Incomplete fulfilment
E- Delays by the creditor

VI- TRANSFER OF CONTRACTS
A- The assignment of credit
B- Subrogation
C- Assumption of debts
D- Assignment of contractual position
E- General guarantees for obligations and special guarantees for obligations

Main Bibliography

FARIA, J. Ribeiro de - Direito das Obrigações I, Coimbra, 1990
- Direito das Obrigações II, Coimbra, 1990
ANTUNES VARELA - Das Obrigações em Geral I, 9ª Ed., Coimbra, 1996
Das Obrigações em Geral II, 7ª. Ed., Coimbra, 1997
ALMEIDA COSTA - Direito das Obrigações, 8ª. Ed., Coimbra, 2000
TELLES, I. Galvão - Direito das Obrigações, 7ª. Ed., Coimbra, 1997
ALARCÃO, Rui de - Direito das Obrigações (text by J. SOUSA RIBEIRO/J. SINDE MONTEIRO/ALMENO DE SÀ/J.C: BRANDÂO PROENÇA, based on classes given), Ed. copied, Coimbra, 1983
MENEZES CORDEIRO - Direito das Obrigações I, Lisbon, 1988
Direito das Obrigações II, Lisbon, 1988
Direito das Obrigações III, Lisbon, 1991

Complementary Bibliography

* Only general works are listed, as supplementary bibliographies will be given in the class summaries. In addition, detailed bibliographies can also be found in almost all of the works cited above.

Teaching methods and learning activities

The object of study is therefore, in brief, the concept, structure and functioning of obligation, its sources (with particular emphasis on contracts and civil responsibility), the types of obligation and their fulfilment and non-fulfilment.
The teaching method is based on the classic distinction between theorical and practical classes.
The former are designed to provide a systematic presentation of all the material in the programme. Areas which are liable to create difficulties are dealt with in more detail, and the relevant scholarly arguments and jurisprudence pertaining to each issue are always explained. The use of examples, in the form of the resolution of concrete cases relating to each aspect of the material, is considered essential.
The practical classes are designed with the aim of analysing and resolving real-life cases, usually chosen from amongst the most significant jurisprudence in our higher courts. In both types of classes, questions and dialogue with students is encouraged
The lecturers on this course are concerned, both in the practical and the theoretical classes, to make use not only of the most important scholarly contributions to this area, but also to devote special attention to the concrete application of the norms as performed by our courts. The two-volume Lições de Direito das Obrigações by Professor Jorge Ribeiro de Faria (the course coordinator), the academic and pedagogical value of which is unanimously recognised by Portuguese Civil Law specialists, provides extra support material and guidance through the contents of the course.

Evaluation Type

Distributed evaluation without final exam

Eligibility for exams

The marks the student must get have to be equal or higher than 10, in a scale of [0,20] in one of the following hypotheses:
a)Average between the two examinations (“frequencies”);
b)Oral examination (if the student obtained in a) a mark between 7 and 9);
c)Written final examination;
d)Oral final examination (if the student obtained in c) a mark between 7 and 9.

Calculation formula of final grade

Are the marks obtained in the examinations referred in “Frequency Attaining” a), b), c) or d).

Examinations or Special Assignments

None

Special assessment (TE, DA, ...)

There is a special exam period for worker-students and association officers.

Classification improvement

Is obtained by doing a written or an oral examination