Commercial Contracts

6 ECTS / Semester-long / Portuguese

Learning outcomes of the curricular unit

The course focuses mainly on offering the student substantial knowledge on each of the syllabus' commercial contracts types. The student should be aware of the most relevant theoretical and practical issues of each of those specific types of contracts. The student should namely be able to qualify a specific contract; find the most adequate solution for a real life problem and also understand the legal policy options that were made to define the legal frame of each type of contract. The student is also expected to be able to distinguish the pre-contractual nature of a written instrument from a contractual one. Moreover, it is intended that the student develops or acquires the ability to critically analyse problems and solutions within these contents and also to build up researching skills.

 

Syllabus

I - Commercial Contracts in general
1. Qualification and classification difficulties
2. The sources of commercial contract law: freedom of contract; international sources; European Union law; Commercial Code; legal texts. "Lex mercatoria".
3. General rules
4. The formation of a commercial contract
4.1. Negotiation. Letters of intent.

II - Commercial contracts in species
1. The contracts which are ruled in the Commercial Code. Commercial buy and sale contract. Mandate. Deposit.
2. Distribution contracts: commercial agency; franchise and distributorship
3. Leasing and factoring
4. Cooperation contracts: joint-ventures
5. Commercial tenancy contract.

Faculty

Assistant Professor
Licenciatura em Direito pela Escola de Direito do Porto da Universidade Católica Portuguesa, em 1996. Mestre em Ciências Jurídico-Empresariais pela Faculdade…