Programa

Foundations of Law

Licenciatura Bolonha em Economia

Programa

1. Introduction: 1.1. The need of an Introduction to Law to students of Economics, Management and Finance. Need of studying other juridical sciences. The importance of a critical view of the Law; 1.2. Practical guidance over the studying method, materials and evaluation. 2. Law and society: 2.1. The plurality of meanings of the word Law: ?Objective Law?, ?Subjective Law?, ?Science of Law?; 2.2. Juridical order and other normative orders: Moral order, Religious order, Social conduct order. 3. Purposes and core values of Law: 3.1. Justice, rights and fundamental freedoms; 3.2. Safety; 3.3. Economic and social welfare. 4. Features of the Law and of the Juridical Rule: 4.1. Concept of system and of juridical rule; 4.2. Features of the system and of the juridical rule. 5. Branches of Law: 5.1. Public Law and Private Law; 5.2. Internal Law, European Union (EU) Law and International Law; 5.3. Internal public Law; 5.3.1. Constitutional Law; 5.3.2. Criminal Law; 5.3.3. Tax Law; 5.3.4. Administrative Law; 5.3.5. Social Security Law; 5.3.6. Environmental Law; 5.3.7. Financial Law; 5.3.8. Registry and notary Law; 5.3.9. Procedural Law; 5.4. Internal Private Law; 5.4.1. Obligations Law; 5.4.2. Law of Things; 5.4.3. Family Law; 5.4.4. Succession Law; 5.4.5. Commercial Law; 5.4.6. Labor Law; 5.4.7. Copyright Law and Industrial Property Law; 5.5. Hybrid branches of Law; 5.5.1. Economic Law; 5.5.2. Banking Law; 5.5.3. Consumer Law. 6. The Political System and the Legal System: 6.1. Romanic-Germanic system and Anglo-Saxon system; 6.2. Portuguese Constitution (CRP); 6.2.1. Concept of Democratic State of Law; 6.2.2. State functions, organization of the political and jurisdictional power. 7. Sources of Law: 7.1. Concept of sources of Law; 7.2. Enumeration; 7.2.1. International and European Union (EU) Law; 7.2.2. Internal Law; 7.2.2.1. State Law; 7.2.2.1.1. Parliament; 7.2.2.1.2. Government; 7.2.2.2. Infra-State Law; 7.2.2.2.1. The Autonomous Regions; 7.2.2.2.2. Administrative Regions; 7.2.2.2.3. Local Authorities; 7.3. Hierarchy of laws, illegality and unconstitutionality. 8. Application of Law: 8.1. Duration and cessation of the Law; 8.2. Application of Law in time and space; 8.3. Law interpretation and integration of lacunae. 9. The juridical relation: 9.1. Concept and structure (general); 9.2. Structure (detailed); 9.2.1. Subjects; 9.2.1.1. Natural persons; 9.2.1.1.1. Juridical personality; 9.2.1.1.2. Juridical capacity and incapacities; 9.2.1.1.3. Domicile and absence; 9.2.2. Legal entities; 9.2.2.1. Concept and acquisition of legal personality; 9.2.2.2. Capacity; 9.2.2.3. Public legal entities and private legal entities; 9.2.2.4. Associations and Foundations and corporations; 9.2.2. Object; 9.2.2.1. Immediate Object; 9.2.2.1.1. Subjective rights and Potestative rights; 9.2.2.1.2. Binding effect (vinculações); 9.2.2.2. Mediate Object; 9.2.2.2.1. Things; 9.2.2.2.2. Performance (prestação); 9.2.3. The juridical fact (in general); 9.2.3.1. Concept; 9.2.3.2. The juridical business (negócio jurídico); 9.2.3.2.1. Unilateral and bilateral businesses 9.2.3.2.2. Contracts; 9.2.3.2.2.1. Concept, principles; 9.2.3.2.2.3. Capacity, legitimacy and representation; 9.2.3.2.2.3.1. Object; 9.2.3.2.2.3.2. Suitability; 9.2.3.2.2.3.3. Main and ancillary elements; 9.2.3.2.2.4. Legal Cause; 9.2.3.2.2.5. Formation; 9.2.3.2.2.5.1. Declarations of negotiation (Declarações Negociais); 9.2.3.2.2.5.2. Structure; 9.2.3.2.2.5.3. Evidence; 9.2.3.2.2.6. Conclusion and effectiveness of the juridical business; 9.2.3.2.2.7. Unlawfulness (Ilicitude); 9.2.3.2.2.7.1. Nullity and annulment; 9.2.3.2.2.7.2. Lack and vices of the juridical will, divergence between juridical will and declaration; 9.2.4. The juridical fact (in detail); 9.2.4.1. Purchase and Sale Agreement; 9.2.4.1.1. Concept; 9.2.4.1.2. Structure; 9.2.4.1.3. Effects; 9.2.4.1.4. Types; 9.2.4.2. Civil liability 9.2.4.2.1. Concept, distinction towards other types of liability; 9.2.4.2.2. Subjective liability; 9.2.4.2.2.1. The unlawful fact; 9.2.4.2.2.2. Fault; 9.2.4.2.2.3. Damage; 9.2.4.2.2.4. Causation; 9.2.4.2.2.5. Obligation to indemnify; 9.2.4.2.3. Objective civil liability; 9.2.4. Guarantee; 9.2.4.1. The juridical relation: public tutelage and private tutelage; 9.2.4.2. Guarantee of the obligations; 9.2.4.2.1. Personal guarantees; 9.2.4.2.2. In rem guarantees; 9.2.4.2.3. Creditor?s privileges.

Law for Economics and Business

Licenciatura Bolonha em Economia

Licenciatura Bolonha em Finanças

Programa

Syllabus PART I - CIVIL LAW 1. The practical dimension of Law 1.1 The importance of legal courses in the training of economists, managers, and financiers 1.2 The concept of Law 1.3 The Law and its autonomy from other normative orders: the religious order, the moral order, and the social order 1.4 Characteristics of the Law. Sociability and the need of Law. Effectiveness and Tutelage 1.5 The values of Law: Justice, Safety, Economic and Social well-being 1.6. Constitutional Law: The Legal System and the Political System 2. Branches of Law 2.1 Public Law and Private Law 2.1.1 Main branches of Public Law 2.1.2 Main branches of Private Law 2.2 Domestic Law, European Union Law, and International Law 3. The Legal Rule 3.1 Concept, characteristics, and structure 3.2 Main classifications of legal rules 3.3 Legal sanctions 4. Sources of Law 4.1 Concept, enumeration, hierarchy 4.2. The law as a legal source, par excellence: the legislative process. Law in the formal sense and law in the material sense. Dynamics of the law: validity and termination 4.3 Other Sources of Law: 4.3.1 Custom 4.3.2 Uses 4.3.3 Doctrine 4.3.4 Case law 4.3.5 Equity 5. Law enforcement 5.1. The Application of law in time (Art. 12 of the Civil Code and the prohibitions on retroactivity) and in space. Fundamental notions 5.2 The Interpretation of law. Elements of Interpretation. Interpretative processes. Integrating legal gaps 6. The Contract Concept, content, structural elements PART II- BUSINESS LAW 7. Companies: The articles of association 7.1 Legal types of companies (share company and quota company) 7.2 Personality and legal capacity 7.3 Share capital, assets, and the undertaking (“empresa”) 7.4 Structure and content of social participation. Quotas and shares. Rights and obligations of shareholders 7.5 Administration and supervision - composition and operation 8. The acquisition of companies (M&A) 8.1 The steps of the corporate acquisition process 8.2 Main legal issues 9. Commercial Contracts. Importance in economic life. General notions. 9.1 Contract formation as a dynamic process 9.2 Commercial distribution contracts: agency, franchise, commercial concession 9.3 Commercial purchase and sale 9.4 Finance agreements and typical security/guarantees. Analysis and discussion of contractual models 10. Labour Contract 10.1 Concept of Labour Law. Framework. 10.2 Fundamental principles of Labour Law 10.3 Labour Contract. General notions. 10.4 Distinction from related concepts: the contract for services.