Learning outcomes of the curricular unit

Students should be able to solve problems (cases) related with the execution, effectiveness and validity of the contract (and other instruments), namely, to identify:

(i) how and when the contract is executed;
(ii) the facts and causes which affect the effectiveness of the contract;
(iii) the facts and causes which affect the validity of the contract;
(iv) the ways of avoiding ineffectiveness and invalidity of the contract;
(v) the consequences of such ineffectiveness and invalidity.

Syllabus

The essential role of the contract

I Concept and classification of contracts.

II Execution of the contract.
1. Types of promise; its elements.
2. Form of the promise; its distinction from the publicity.
3. Perfection of the promise.
4. Execution of the contract. Effects arising from the execution of the contract, namely the transfer of rights. Use of general conditions of contract. The culpa in contrahendo.
5. Attorneyship.

III Contracts with a partial effectiveness.

IV Interpretation and gap filling of the contract.

V Invalidity of the contract.
1. Causes and types, typical and untypical, of invalidity and its consequences to the effects of the contract: general enunciation.
2. Causes of nullity.
3. Causes of annulment.
4. Consequences of the invalidity of the contract in detail.
5. Mitigation of such consequences.