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ISMAT 7149

General Theory of Civil Law II

Law
  • ApresentaçãoPresentation
    It is a core subject of the Law course in general, and of Private Law in particular, as it studies the legal regime of contracts.
  • ProgramaProgramme
    - Legal agreements: classification and essential elements - Concept and forms of legal agreements and contracts - The statement of intent - The form of the legal agreement, conclusion and fault in the conclusion of contracts - Interpretation and integration of the legal agreement - General contractual clauses - Requirements regarding the content of the legal agreement - Typical accessory clauses - The utilisation of void legal transactions - Basis of the transaction and change of circumstances - Termination of the legal transaction - Differences between intent and declaration: intentional and unintentional differences - Error; misrepresentation; fraud; moral coercion; usury; defects giving rise to rescission. - Legal void: Ineffectiveness; Nullity; Voidability
  • ObjectivosObjectives
    The objective of this course is to prepare students with scientific and formative knowledge of the development of the matters dealt with in the course of the General Theory of Civil Law I, in particular the act, and the legal business as to concepts, classification of essential elements, business declaration, accidental or accessory elements, ineffectiveness and invalidity, and also the real and personal guarantees of the business obligation. Theoretical-practical exposition of all subjects, always in interaction with students and solving cases prepared for each area and scientific theme, investment and discussing the various legal positions of different authors, accompanying the individual work in groups and of all students. In compliance with the regulations and for continuous assessment of students, they will be presented to answer two written tests, and written work on the subjects of the program and the curricular unit will be prepared and presented.
  • BibliografiaBibliography
    CORDEIRO,António Menezes, , Vol. I, 4ª ed., 2012; Vol. Tratado de Direito Civil II, 4ª ed., 2014; Vol. III, 4ª ed., 2019; Vol. IV, 5.ª ed., 2019; Vol. V, 3.ª ed., 2018 (Coimbra - Almedina). PINTO, Carlos A. da Mota; Teoria Geral do Direito Civil , Reimpressão da 4ª ed., Coimbra Editora, 2012   
  • MetodologiaMethodology
    Classes are taught in a theoretical and practical way so that the student can learn more objectively and in substance. The assessment must be based on two written tests and with a weighting of 50% for oral participation.
  • LínguaLanguage
    Português
  • TipoType
    Semestral
  • ECTS
    7
  • NaturezaNature
    Mandatory
  • EstágioInternship
    Não