International Business Law

Code:

2EGI08

Acronym:

DNI

Keywords
Classification	Keyword
OFICIAL	Legal Sciences

Instance: 2016/2017 - 2S

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

Cycles of Study/Courses

Acronym	No. of Students	Study Plan	Curricular Years	Credits UCN	Credits ECTS	Contact hours	Total Time
MEGI	30	Bologna Syllabus since 2012	1	-	7,5	56	202,5

Teaching language

Suitable for English-speaking students

Objectives

The course unit “International Contract Law” focuses on the study of the legal mechanisms through which international trade operates, particularly focusing on the specificities that characterize private contracting across-borders.

Learning outcomes and competences

Attention will be given to the theoretical and practical analysis of international 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

 

PART I: Introduction and general theory of international contracts

1.The international contract and its specificities.
2. General principles of international contracts.
3. Determination of the law applicable to international contracts.
4. Negotiation and formation of contracts in international trade.
5. Analysis of the most common clauses in international commercial contracts.
6. Breach of contract in international trade.

PART II: Analysis of specific types of international contracts

7. International Sale of Goods.

8. International distribution contracts:
     8.1. Contractual agency and similar contracts.

     8.2. International Franchising.

9. International financing agreements:
     9.1. International Leasing.
     9.2. International Factoring.
     9.3. Forfaiting.
     9.4. Project finance.

 

Mandatory literature

Dalhuisen, Jan; Dalhuisen's Transnational Comparative, Commercial, Financial and Trade Law, Hart Publishing, 2010
Pinheiro, Luís de Lima; Direito Comercial Internacional, Almedina, 2005

Complementary Bibliography

Costa, Mariana Fontes da; Ruptura de negociações pré-contratuais e cartas de intenção, Coimbra Editora, 2011
Fontaine, Marcel / Ly, Filip De; Drafting International Contracts: an Analysis of Contract Clauses, Brill Academic Publishers, 2009

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 international business life, including the use of models of agreements, case law and arbitration awards. After the theoretical exposition, the approach will consist on the presentation of practical exercises on the matter under discussion.

Evaluation Type

Distributed evaluation without final exam

Assessment Components

Designation	Weight (%)
Participação presencial	10,00
Teste	60,00
Trabalho escrito	30,00
Total:	100,00

Calculation formula of final grade

 

Students may choose between:
- Distributed evaluation, composed by three elements: the grades obtained in the examinations (two exams during classes or one final exam): 60%; written report: 30%; active participation in class: 10%.
- Final exam