Subject: Commercial and Corporate Law
Scientific Area:
Law
Workload:
64 Hours
Number of ECTS:
5 ECTS
Language:
Portuguese
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
- Introductory Concepts
1.1 Concept and scope of commercial law.
- Trade in the economic sense and in the legal sense;
- Historical evolution of commercial law. The objectivist and subjectivist conceptions;
- Notion and scope of Portuguese commercial law.
1.2 The sources of commercial and commercial law.
1.3 Of the acts of commerce
- Concept of trade act and its practical interest;
- Classifications of trade acts.
2. Traders
2.1 The commercial entrepreneur;
2.2 Obtaining merchant quality;
- Practical interest in qualifying as a trader;
- Qualified and non-qualifying subjects as traders, legally inhibited from the exercise of trade and cases of doubtful qualification;
- Status of traders.
3. The business or commercial establishment
3.1 The typology of commercial companies in Portuguese law
- Legal notions of company: terminology and main features;
- Companies in an objective sense;
- Business on the companies: the trespass and the lease.
3.2 Types of companies
- Principle of typicality: meaning and justification;
- 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%.