Learning outcomes of the curricular unit

Emphasizing the course’s educational importance and the dynamic of the obligational relationship, the aim is, in a first moment, to have the notion and the structural elements of the obligational relationship as a starting point in order to, in a second moment, reference the key principles underlying the course. In the part of the sources of the obligations, and always maintaining a dialogue with jurisprudence, the student is familiarized with legal realities of marked practical nature, as are the contract (from the viewpoint of its effects), unilateral agreements, unjustified enrichment, performing an obligation of a third person and the wider legal liability.
Worth noting is the fact that this course forms a whole with the semester on Fulfillment and Non fulfillment of Obligations

Syllabus

I – Introductory part: introductory notes, concept, obligations’ structure and functioning;

II – Fundamental principles of the Law of Obligations (individual autonomy, good faith, protection of the weakest contracting party, proportionality, contractual liability, hetero-accountability and self-accountability);

III – The  constitutive facts of obligations (notion and types). Voluntary actions: the contract (notion, content, definitive contracts, pre-contractual agreements and preliminary contracts – the relevance of the “promisecontract” and of the preferential pact -, common contracts, atypical, mixed and linked, contractual effects between the parties and as regards third parties and termination of contract) an unilateral deals. Involuntary actions: unjustified enrichment, performance of an obligation to a third person and codified legal liability (tort)