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

CONTRATOS CIVIS - 2025/2026

1º curricular year
Semestralidade: 2nd semester
ECTS: 7.5

Teachers

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

Class type and School hours

Orientação Tutorial : 1 Horas
Teórico-prática : 1 Horas

Teaching Language

Portuguese

Main Aims/Objectives

1) To provide a comprehensive understanding of contract theory, including its classifications and doctrinal foundations within the legal system.
2) To examine the main types of civil contracts and their respective legal regimes, with particular focus on those codified in the Civil Code.
3) To develop students’ critical capacity in interpreting legislation, case law, and scholarly doctrine, fostering analytical, dialogical, and well-argued legal reasoning.

Specific Aims/Objectives

This course aims to explore the classifications of contracts, analyse the civil contracts established in the Civil Code, and deepen the understanding of the parties’ rights and obligations. Furthermore, it seeks to promote the practical application of legal concepts and foster the development of problem-solving skills in legal contexts.

Skills to be acquired

The course unit aims to provide students with an in-depth understanding of the main nominate contracts set out in the Civil Code. Accordingly, students are expected to acquire the necessary knowledge for legal practice, including familiarity with the legal framework governing contracts, as established in the Civil Code and complementary legislation, as well as with the main doctrinal approaches and case law on controversial issues.

Teaching Procedures

The teaching methodology will be dynamic and interactive, combining the lecture method—through brief presentations by the lecturer - with the interrogative and problem-based methods, encouraging debate and active student participation. Classes will include the discussion of legislative texts, case law, and doctrinal writings, as well as the resolution of practical cases and the oral presentation of an independent assignment by students.

Programme

I - Introduction:
1) Foundations and principles of the general theory of contracts;
2) Classification of contracts: nominate and innominate contracts; typical, atypical, mixed contracts, and contract aggregation.
II - Characteristics of Selected Civil Contracts:
1) Contract of sale (purchase and sale);
2) Exchange contract;
3) Donation contract;
4) Loan for use (commodatum);
5) Loan for consumption (mutuum);
6) Service contract;
7) Mandate contract;
8) Deposit contract;
9) Works contract;
10) Perpetual annuity contract;
11) Life annuity contract;
12) Gambling and betting contracts.

Evaluation Type

Methodology:
Teaching does not dispense with the active participation of students; therefore, an interrogative and problem-based approach will be followed: problems will be presented and their solutions discussed, encouraging the expression of diverse viewpoints.
Assessment:
Assessment will be carried out as follows:
Preparation of an independent scientific paper, evaluated in two components—written and oral presentation in class (60%);
A final written examination (40%).

Teaching Resources

Legislation, internet resources for research and access to legal documentation. Scientific articles, 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

Civil Contracts; Law of Obligations; Contractual Relations.

Main Bibliography

Complementary Bibliography