Learning outcomes of the curricular unit

In the framework of this course the study of the obligational relationship (which started in the Law of Obligations’ semester) is completed, by making reference to fulfillment (and other termination causes of obligations), to the transmissive actions of the obligation, to non-fulfillment and the set of guarantees (mainly, the general guarantee) protecting the right to fulfillment. Given fulfillment and non-fulfillment are two important moments in the life of any obligational relationship, a more developed study of these subjects is justified. As for the guarantees of fulfillment part, it is the subject of a more synthetic approach, the fundamental notions in this field being provided on the assumption of there being a complementary approach in other courses (Law of Property and Guarantees).

Syllabus

I - Actions terminating the obligations. Fulfillment as the main terminating action: study of its fundamental principles and its regime. Other types of termination of the obligations and their heterogeneous character; 

II – The fulfillment regime of natural obligations, multiple (plural) obligations (joint and passive solidarity), indivisible obligations, generic obligations, alternative obligations, optional obligations, pecuniary obligations and interest obligations;

III –Transmissive actions of the obligation: assignment of credits, subrogation, single assignment of debts and assignment of contra;

IV – Non-fulfillment of obligations: study of legal regulation and conventional regulation;

V – Guarantee of fulfillment of the obligations. The general guarantee: fundamental principles and conservation means (the “impugnação pauliana” injunction especially).