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

TEORIA GERAL DAS OBRIGAÇÕES - 2016/2017

2º curricular year
Semestralidade: 2nd semester
ECTS: 6

Teachers

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

Class type and School hours

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

Teaching Language

Portuguese

Main Aims/Objectives

The course aims to study obligations (in general) and the formation of obligations.

Specific Aims/Objectives

The course’s specific objective is the study of the general principles of the law of obligations, the characteristics of the object and the modalities of obligations, yet emphasizing the sources of obligations.

Skills to be acquired

Students should know the basic rules of the law of obligations contained in the Civil Code, including both theoretical and practical aspects.

Teaching Procedures

The teaching of lectures combined with the presentation of cases withdrawn from Portuguese jurisprudence, that in the area of legal transactions in particular is very rich, allows students to develop their own capacities and to become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.

Programme

Chapter I - Framework and characteristics
I - The Law of Obligations and the legal definition of obligation
II - General Principles of the Law of Obligations
III - Concept and structure of obligation
IV - Characteristics of obligation
V - Distinction between rights and real property credit rights
VI - Object of obligation: the provision
VII - The intra-obligatory complexity and accessory duties of conduct
VIII - Types of bonds
Chapter II - The constitution of the obligations
I - Classification of sources of obligations
II - Sources of obligations based on the principle of private autonomy
§ 1. The contract
One. General
2nd. Preliminary Agreements
3rd. Promissory contract
4th. Preference pact
5th. Content of contracts
§ 2. Unilateral Businesses
III - Sources of obligations based on the principle of restitution of unjustified enrichment
IV - Specific situations of sources of obligations not based on general principles: in particular the management of businesses

Evaluation Type

The methodology is based on theoretical exposition, complemented with a pragmatic aspect, either through the presentation of case studies for resolution, either by the presentation (and subsequent discussion) of decisions of the higher courts.

Teaching Resources

The methodology is based on theoretical exposition, complemented with a pragmatic aspect, either through the presentation of case studies for resolution, either by the presentation (and subsequent discussion) of decisions of the higher courts.

Sustainability Objectives

Keywords

contract
promissory contract
preference pact

Main Bibliography

Complementary Bibliography