Cursos / 2º Ciclo / Faculty of Law :: Law

GARANTIAS NOS CONTRATOS COMERCIAIS E INTERNACIONAIS - 2022/2023

1º curricular year
Semestralidade: 1st semester
ECTS: 7.5

Teachers

Leading Teacher: Prof. Doutor Nuno Castro Marques
Assistant Professor: Prof. Doutor Nuno Castro Marques

Class type and School hours

Orientação Tutorial : 1 Horas
Teórica : 1 Horas

Teaching Language

Portuguese

Main Aims/Objectives

A course unit dealing with the subject of guarantees in international commercial contracts is mandatory. It is consolidated practice in international contracts the provision of guarantees, since the parties often do not have previous mutual knowledge and the fact that they are located in different countries makes it very difficult to collect credits in the event of a default

Specific Aims/Objectives

Students shall acquire good knowledge of the different guarantees often used on international transactions.

Skills to be acquired

Students shall be prepared to choose the type of guarantee more suitable to different specific situations and also to introduce therein the appropriate clauses.

Teaching Procedures

There will be an initial presentation by the teacher, with debate at the end. Later, presentation of papers resulting from an investigation by the students and their discussion (seminar classes).

Programme

PART I
Commercial Contracts. Notion, in domestic law, and the need to develop an autonomous concept
with respect to international trade.
Contract models in international trade, with focus on the 1980 United Nations Convention on the
Contract for the Purchase and International Sale of Goods (Vienna Convention).
Institutional aspects: the International Chamber of Commerce (ICC), the United Nations Commission for International Trade (UNCITRAL), the International Institute for the Unification of Private Law (UNIDROIT) and, at a regional level, the Organization for Harmonization of Business Law in Africa (OHADA).
Detailed study of INCOTERMS 2020.
PART II
The general guarantee of obligations and means of conservation.
Personal guarantees.
Real guarantees (securities).
The use of the property with a guarantee function.
Banking guarantees.
Documentary credit.
Warranty clauses.

Evaluation Type

Evaluation: 30% of the participation in the discussion of the subjects; to the research work and its presentation, 70%.

Teaching Resources

Support materials in power point.

Sustainability Objectives

Keywords

guarantees; contracts; international commerce

Main Bibliography

Complementary Bibliography