Cursos / 1º Ciclo / Faculty of Law :: Law

Versao Portuguesa

TEORIA GERAL DO NEGÓCIO JURÍDICO - 2017/2018

2º curricular year
Semestralidade: 1st semester
ECTS: 6

Teachers

Leading Teacher: Prof. Doutor Gravato Morais
Assistant Professor: Prof. Doutor Gravato Morais

Class type and School hours

Teórica : 2 Horas
Orientação Tutorial : 1 Horas
Prática : 1 Horas

Teaching Language

Portuguese

Main Aims/Objectives

The course aims to study business law in general, its effectiveness and the vicissitudes affecting the legal business.

Specific Aims/Objectives

The course aims to study the specific regime of the transaction, the conclusion of the contract, representation, the interpretation of the negotiating declaration and the vicissitudes affecting the legal business.

Skills to be acquired

Students should know the basic rules of the legal transaction contained in the Civil Code, including its
theoretical and practical aspects.

Teaching Procedures

The methodology is based on theoretical classes, where the summarized matters included in
the program are set out in detail which allows interaction with students through the use of jurisprudential
situations that encourage and enable the development of logical-deductive reasoning.

Programme

I - The legal transaction in general
1.Concept
2nd. Classification
II - The legal transact.and its effectiveness
1. Legal transact. with full effectiveness
1. Terms of business declaration
2. Form and formal.
3. Form. of legal transaction
3.1. Perfection of business declaration
3.2. Formation models
4th. Conclusion of contract
4.1. Proposal and acceptance
4.2. Effects of the contract
4.3 Adhesion contracts
4.4. Pre-contractual liability
5th. Representation and conclusion of contract
§ 2. Businesses with limit. effectiveness
1. The condition and the term
2. Businesses with effects dependent on ratification
3rd. Businesses with relative effectiveness
§ 3. Interpretation and integration of business declarations
III - The invalidity and ineffectiveness
1. Causes and types of invalidity
2. Consequences of invalidity in particular
IV - Vicious affecting the legal business
1. Discrep between actual and stated intention will
2. Business transacted with defects of will
V - Mitigation of the consequences of the invalidity

Evaluation Type

2 exams

Teaching Resources

The teaching of lectures combined with case presentations withdrawn from Portuguese jurisprudence, that in the area of legal transactions in particular is very rich, allows students to develop their own capacities and to become aware of the need to develop logical reasoning.
This is a way to assure the desired learning objectives more rigorously by virtue of additional stimuli, without prejudice to an adequate theoretical exposition.

Sustainability Objectives

Keywords

contract
invalidity

Main Bibliography

Author HÖRSTER, Heinrich
Title A parte geral do Código Civil português
Edition 1ª Ed. (reim.)
Place Coimbra
Editor Almedina
Year 2007
Author FERNANDES, Carvalho
Title Teoria Geral do Direito Civil, II
Edition 5ª ed.
Place Lisboa
Editor Universidade Católica Editora
Year 2010
Author FERREIRA DE ALMEIDA, Carlos
Title Contratos I
Edition 5ª Ed.,
Place Coimbra
Editor Almedina
Year 2013

Complementary Bibliography

Author CORDEIRO, Menezes
Title Tratado de Direito Civil Português, I
Edition 4ª ed.
Place Coimbra
Editor Almedina
Year 2012
Author VASCONCELOS, Pais
Title Teoria Geral do direito Civil
Edition 7ª ed.
Place Coimbra
Editor Almedina
Year 2012