Overall objectives:

Goals

1.  Overview of the legal regime applicable to business and commercial companies:

• External component: transactions of goods and services;
• Of operation and internal organization.

2.  Acquisition of notions about:

• Commercial and commercial law;
• Commercial relations and the need for their regulation by the legislator;
• Issues and problems that gravitate around commerce;
• Types of commercial companies;
• Act of commerce, merchant and company.

3.  Application of:

• Legal knowledge and concepts related to the legal-business reality;
• Knowledge acquired in the exercises of the professional functions seeking to develop oral exposition of the students;

4.  Identification of legislation and regulatory frameworks applicable to a particular concrete and practical case.

 

Syllabus:

Program

1. Introductory Concepts

1.1  Concept and scope of commercial law.

1. Trade in the economic sense and in the legal sense;
2. Historical evolution of commercial law. The objectivist and subjectivist conceptions;
3. Notion and scope of Portuguese commercial law.

1.2  The sources of commercial and commercial law.

1.3  Of the acts of commerce

1. Concept of trade act and its practical interest;
2. Classifications of trade acts.

2. Traders

2.1  The commercial entrepreneur;

2.2  Obtaining merchant quality;

1. Practical interest in qualifying as a trader;
2. Qualified and non-qualifying subjects as traders, legally inhibited from the exercise of trade and cases of doubtful qualification;
3. Status of traders.

3. The business or commercial establishment

3.1  The typology of commercial companies in Portuguese law

1. Legal notions of company: terminology and main features;
2. Companies in an objective sense;
3. Business on the companies: the trespass and the lease.

3.2  Types of companies

1. Principle of typicality: meaning and justification;
2. General characterization of different corporate legal types.

4. Formation, merger, spin-off and transformation of commercial companies

4.1  Incorporation of companies;

4.2  Merger of companies;

4.3  Spin-off of companies;

4.4  Transformation of companies.

5. Forms of cooperation and association between enterprises

5.1  Contract of consortium;

5.2  Contract of association in participation;

5.3  Complementary grouping of companies.

Literature/Sources:

ABREU, Jorge Manuel Coutinho de, Curso de Direito Comercial, Vol. I, Reimpressão, Almedina, 1999 Coimbra.

CUNHA, Paulo Olavo, Direito das Sociedades Comerciais, 6ª edição, Almedina, 2016, Coimbra.

Assesssment methods and criteria:

Evaluation

Evaluation Model A

1. Frequency 21/03/2024 - 50%;

2. Project - Written work 22/05/2024 - 30%;

3. Project - Oral presentation - 23/05/2024 - 20%.