Commercial LAW

Scholar Year: 2018/2019 - 2S

Courses

Head Teacher Responsability Micaela de Jesus Bragadeste Lopes Head

Weekly workload Hours/week T TP P PL L TC E OT OT/PL TPL O S Type of classes 2 2 Lectures Type Teacher Classes Hours Theoretical Totals 1 2,00 Marta Dias   2,00 Practices Totals 2 4,00 Marta Dias   4,00

Teaching language

Portuguese

Intended learning outcomes (Knowledges, skills and competencies to be developed by the students)

. Understand the role of business legislation in management and frame management in that legislation;
. Knowing the object of Business Law, as sources and basic concepts of commercial legislation;
. Understand, interpret and analyze, under legal perspective, business relations in companies and other corporate persons.

Syllabus

1. BUSINESS LAW
1.1. Historical evolution of the Business Law
1.2. The Business Law as a special private law
1.3. The Business Law and other branches of law
1.4. Object and scope of the Business Law
1.5. Notion of Business Law
1.6. Autonomy of Business Law
1.7. Business Law sources
1.8. Interpretation and integration of Business Law rules

2. TRADE ACTS
2.1. Notion of business transactions
2.2. Legal nature of business transactions
2.3. Article 2 of the Commercial Code
2.4. Classification of business transactions

3. TRADERS
3.1. General aspects
3.2. Traders
3.3. Legal companies


4. TRADERS SPECIAL OBLIGATIONS
4.1. Firms
4.2. Business Registration
4.3. The bookkeeping
4.4. Balance and accountability

5. THE COMPANIES
5.1. Commercial company concept
5.2. Civil society and civil society in a commercial form
5.3. The company and the related figures
5.4. The articles of association
5.5. Form and formalities
5.6. Types of companies
5.6.1. General partnership
5.6.2. Anonymous society
5.6.3. Limited partnership
5.6.4. Private limited company
5.7. Share capital and social participation
5.8. Company operating
5.9. Companies Structuring
5.10. Companies modification
5:11. Dissolution of the company

6. THE ORGANIZATION OF THE TRADER
6.1. The company
6.2. The establishment
6.3. The protection of company

7. INDUSTRIAL PROPERTY
7.1. Inventions
7.2. Brands
7.3. Name and emblem of establishment

8. OTHER CONTRACTS
8.1. Sale and purchase
8.1.1. Dual nature of this agreement and some features
8.1.2. Promise of sale
8.2. Loan
8.3. Agency, franchising and commercial concession
8.4. Hire and rent
8.4.1. Leasing
8.4.2. Rental for trade, industry or profession
8.4.3. Transfer and assignment of exploitation


9. GUARANTEES OF COMMERCIAL CONTRACTS
9.1. Personal guarantees
9.1.1. Bail
9.1.2. Endorsement
9.2. Collaterals
9.2.1. Pledge
9.2.2. Mortgage
9.2.3. Consignment income
9.2.4. Garnishment and attachment

10. CREDIT TITLES
10.1. Notion
10.2. Functions and Features
10.3. Legitimating titles
10.4. Circulation of securities in general
10.5. Abstract titles
10.6. Letter
10.7. Promissory note
10.8. Check


11. FORMS OF COMPLIANCE FREAKS OF COMMERCIAL CONTRACTS
11.1. Process business recovery and creditors protection
11.2. Insolvency

Teaching methodologies

The curricular unit maintains the traditional division between theoretical and practical classes. The method of teaching adopted in theoretical classes is the systematic and ordered exposition of the subjects that integrate the program of the discipline. The practical application of the legal systems studied is reserved for practical classes. In the practical classes will be clarified the doubts presented by the students and discussed the matter through the resolution of practical hypotheses, previously made available by the teacher and written by the students. All practical classes should be carefully prepared by the students.

Assessment methodologies and evidences

Distributed evaluation with final exam
The assessment is made according to the assessment regulations of the school and includes continuous assessment and final assessment.
Continuous assessment comprises the mandatory holding of two individual written tests and the possibility of additionally be carried out on a topic proposed by the teacher for students to investigate and present (optional written paper).

The themes of the written paper will be chosen from a list provided by the teacher in the context of reference of the syllabus. The written paper will be, as a rule, carried out in groups of 2 or at most 3 students. The written paper will be delivered on paper and in electronic format. The teacher will establish the delivery dates of the work.
Students who do not get use continuous assessment, conduct the final evaluation

Continuous evaluation:
Students will use to obtain the average final grade ten values ​​and can not get score below eight values ​​in any of these tests.
If the student chooses to additionally perform a working group, the classification obtained in this work will have a weighting of 20% for its final classification. The final classification will be in this case the result of the weighted average of the individual written tests (80%) and the grade obtained on the written paper.
Students who do not get use continuous assessment, carry out the final evaluation.

Final evaluation
There are three final evaluation times:
Normal time | 1st season (is intended for students who did not opt ​​for continuous assessment)
The evaluation of the normal season consists of individual written exam. Will benefit students who obtain grade of 10 points.
Resource season | 2nd season (intended for students who did not have or did not obtain benefit at the normal time or continuous assessment)

Special Season The evaluation system of the Appeal season and special season is the same as Normal

Attendance system

Students' attendance is not counted for assessment purposes, however, it is strongly recommended to attend all classes and to perform all the tasks proposed.

Assement and Attendance registers

Main Bibliography