Direito Comercial

Code:

2GEC12

Acronym:

DC

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2015/2016 - 2S

Active?	Yes
Responsible unit:	Secção Autónoma de Direito
Course/CS Responsible:	Master in Sales Management

Cycles of Study/Courses

Acronym	No. of Students	Study Plan	Curricular Years	Credits UCN	Credits ECTS	Contact hours	Total Time
GCOM	0	Official Bologna Syllabus	1	-	7,5	56	202,5

Teaching language

Suitable for English-speaking students

Objectives

 

The course unit “Commercial Law” focuses on the study of the main contractual mechanisms through which operates the exchange of goods and services in the business-to-business segment and in the business-to-consumer segment.

 

Learning outcomes and competences

 

Attention will be given to the theoretical and practical analysis of commercial contracts, allowing students to develop the necessary skills to work in this area of the Law, maximizing the necessary safeguards and avoiding the main risks it involves.

 

Working method

Presencial

Program

 

1. General Theory of Contracts 

1.1. Principles of Contract Law.

1.2. Commercial contracts Vs Consumer contracts

1.3. Negotiation and formation of contracts:

1.3.1. The different stages of contract formation.

1.3.2. Pre-contractual liability.

1.3.3. Letters of Intent.

1.3.4. The “mirror image rule”.

1.4. The use of Standard Terms and Conditions. 

 

2. Preliminary contracts 

 

3. Sale of Goods

3.1. Notion, characteristics and types.

3.2. The obligation to perform and the consequences of the breach of contract.

3.3. Commercial Sale Vs. Consumer Sale.

3.4. The United Nations Convention on Contracts for the International Sale of Goods (CISG).

 

4. Distribution Contracts 

4.1. Contractual agency and similar contracts.

4.2. Franchising.

 

5.      Distinctive Signs of Companies and Products 

 

6.      The main actors in commercial life: the commercial companies

 

Mandatory literature

Almeida, Carlos Ferreira de; Contratos, I. Conceito, fontes, formação, Almedina
Monteiro, António Pinto; Contratos de distribuição comercial, Almedina, 2009

Complementary Bibliography

Abreu, Jorge Coutinho de; Curso de direito comercial, Vol. II. Das sociedades, Almedina
Martinez, Pedro Romano; Direito das Obrigações (Parte Especial) - Contratos, Almedina, 2010

Teaching methods and learning activities

 

The first approach to each subject on the syllabus will consist on a theoretical exposition, followed by the presentation and critical analysis of examples gathered from business life. After the theoretical exposition, the approach will consist in the presentation of practical exercises on the matter under discussion.

 

Evaluation Type

Distributed evaluation without final exam

Assessment Components

Designation	Weight (%)
Participação presencial	15,00
Teste	60,00
Trabalho escrito	25,00
Total:	100,00

Calculation formula of final grade

 

Students may choose between distributed evaluation (2 exams during the semester) or a final examination. In both cases, the final grade will be composed by three elements: the grades obtained in the examinations (either under distributed evaluation or under final exam): 60%; written report: 25%; active participation in class: 15%.