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

DIREITO DO CONSUMO - 2025/2026

4º curricular year
Semestralidade: 2nd semester
ECTS: 6

Teachers

Leading Teacher: Prof. Doutor Sérgio Costa Machado
Assistant Professor: Prof. Doutor Sérgio Costa Machado

Class type and School hours

Teórico-prática : 2 Horas
Orientação Tutorial : 1 Horas

Teaching Language

Portuguese

Main Aims/Objectives

This course unit aims to provide students with a practical introduction to Consumer Law, promoting the development of skills that enable them to identify, frame, and understand the main legal issues inherent to this field.

Specific Aims/Objectives

Students are expected to develop in-depth knowledge of key areas of Consumer Law, particularly with regard to unfair contract terms, unfair commercial practices, essential public services, the sale of consumer goods and the supply of digital content and services, distance and off-premises contracts, as well as consumer credit.

Skills to be acquired

By the end of the semester, students should have a general understanding of the fundamental principles of Consumer Law, demonstrating the ability to identify, frame, and legally resolve issues arising in this area, applying their knowledge critically and appropriately to concrete situations in legal practice.

Teaching Procedures

A problem-based approach is adopted in the theoretical-practical classes, grounded in questions and answers, promoting active student participation. The resolution of practical cases is valued as a means of consolidating and applying acquired knowledge. Tutorial sessions provide closer supervision, supporting individual learning. Assessment is conducted in accordance with the University´s regulations, including both continuous and final evaluation.

Programme

1) GENERAL INTRODUCTION
1.1) Concept of Consumer Law;
1.2) Constitutional protection of the consumer;
1.3) The influence of European Law on the shaping of Portuguese Consumer Law and its relevance in defining the concept of consumer;
1.4) The concept of consumer;
1.5) The Consumer Protection Act.

2) THE REGIME OF UNFAIR TERMS
2.1) Concept of standard contract terms and their inclusion in individual contracts;
2.2) Control of contractual content;
2.3) Absolutely prohibited clauses;
2.4) Relatively prohibited clauses;
2.5) Legal consequences.

3) UNFAIR COMMERCIAL PRACTICES
3.1) Scope of application;
3.2) General clause;
3.3) Misleading commercial practices;
3.4) Aggressive commercial practices;
3.5) Legal consequences.

4) ESSENTIAL PUBLIC SERVICES
4.1) Concept of essential public services;
4.2) Users´ rights;
4.3) Suspension of essential public service;
4.4) Payment and related issues;
4.5) The case of electronic communications.

5) SALE OF CONSUMER GOODS AND SUPPLY OF DIGITAL CONTENT AND SERVICES
5.1) General framework and scope of application;
5.2) The duty of conformity;
5.3) Delivery of goods and obligation to supply digital content and services;
5.4) Lack of conformity and burden of proof;
5.5) Consumer rights;
5.6) Time limits;
5.7) Liability of the trader;
5.8) Liability of the producer and online intermediaries.

6) DISTANCE CONTRACTING
6.1) Concept of distance contracting: contracts concluded off-premises and at a distance;
6.2) Information duties;
6.3) Contractual content;
6.4) Right of withdrawal and related effects.

7) CONSUMER CREDIT
7.1) Scope of the concept of consumer credit (Decree-Law no. 133/2009, of 2 June);
7.2) Information duties;
7.3) Right of withdrawal and related effects;
7.4) Linked contracts;
7.5) Early repayment and non-performance by the consumer.

8) MORTGAGE CREDIT
8.1) General framework and scope of application;
8.2) Consumer protection and breach of contract.

Evaluation Type

TEACHING METHODOLOGY:
Teaching encourages active student participation, using an interrogative and problem-based approach, with the presentation of cases and guided discussion of solutions, fostering the development of critical thinking.
ASSESSMENT:
Conducted in accordance with the University´s General Assessment Regulations, through continuous assessment: two written tests (60%) and one exam (40%).

Teaching Resources

Legislation, internet for research and document consultation, scientific articles, specialised periodicals, and recommended bibliography.

Sustainability Objectives

1) Ensure inclusive, equitable, and quality education and promote lifelong learning opportunities for all – SDG 4.
2) Reduce inequality within and among countries – SDG 10.
3) Promote peaceful and inclusive societies for sustainable development, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels – SDG 16.

Keywords

Consumer protection; unfair terms; unfair commercial practices; essential services; sale of goods and supply of digital content and services; distance and off-premises contracts; consumer credit; mortgage credit.

Main Bibliography

Complementary Bibliography