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International and Business Law

Code: GCI214    Acronym: DIN

Subject: 2023/2024 - 1S

Teaching Area: Law

Programmes

Acronym Study plan Curriculum Years ECTS Contact hours Total Hours
CTSPGC Aviso n.º 13083/2018_Novo Plano 6 45 160

Hours Effectively Taught

GCI2

Theoretical-Practical: 45,00

Teaching - Hours

Theoretical-Practical: 3,00

Aims, Skills and Learning Outcomes

Descriptive summary of the course
This curricular unit aims for students to acquire knowledge of law, in general, and business and business law, in particular, both nationally and internationally.

Learning objectives and expected results
The curricular unit assumes as main objectives
1. Sensitize students to essential and basic notions of law
2. To make students aware of the essentials about business and business law, with particular emphasis on the creation of commercial companies
3. Understand the basic rules of the European Union and understand how the different branches of national law and community law are related
4. Learn basic notions of international law, essentially commercial law, with special emphasis on the most relevant international contracts and incoterms.

Skills to be developed
Students must be able to:
Participate, in an informed and competent manner, in import and export or other international operations.


Programme

1. General notions of law.
1.1 Legal order. Characteristics of the legal order.
1.2 The creation of the law. International sources. Sources of domestic law. Hierarchy of sources.
1.3 International law and domestic law.
1.3.1 Public law and private law.
1.3.1.1 Branches of public law and branches of private law.
1.3.1.2 The branches most directly linked to business: business law; tax law; labor law.
1.4 Application of the law
1.4.1 Effective law
1.4.2 Termination of the law
1.4.3 Application in time and space
1.5 Business law
1.5.1 Commercial companies; characteristics of private limited companies and public limited companies
1.5.2 The various types of companies in the different legal systems and the forms of liability
1.5.3 Incor of private limited companies and public limited companies
1.6 Labor relations in the company
1.6.1 Subjects of the employment relationship
1.6.2 Employment contract: constitution and modalities
1.6.3 Remuneration; workplace; working time
1.6.4 Extinction of the employment relationship

2. European Union law
2.1 European integration
2.2 EU objectives
2.3 Institutions and competences
2.4 Internal market and fundamental freedoms
2.5 The company and the EU
2.6 Foreign investment in Portugal

3. International commercial law
3.1 The applicable law.
3.2 International contracts.
3.3 Typical clauses.
3.4 International contract for the purchase and sale of goods.
3.5 Incoterms
3.6 International transport contract.
3.7 E-commerce and Online contracting
3.8 International means of payment
3.9 Credit insurance

Demonstration of the syllabus coherence with the curricular unit's learning objectives

The UC intends, in a practical and very dynamic way, to highlight the legal aspects as essential elements and instruments in the success of any project implemented or to be implemented in the area of international trade.
Therefore, point 1 of the program intends to lead to the objectives set out in points 1 and 2 above; point 2 of the program aims the same in relation to the objective described under 3; point 3 of the program more than satisfies what is necessary to achieve the objective described above under 3.

Main literature

Soveral Martins, Alexandre;Compra e venda internacional de mercadorias: a CISG, Almedina, 2021
Iva Carla Vieira;Guia Prático de Direito Comercial, Almedina, 2020

Supplementary Bibliography

Leitão Marques et alii;Manual de Introdução ao Direito, Almedina, 2017
Sara Marinho;A transferência de risco na compra e venda internacional de mercadorias, Univ. Lisboa, Tese de Mestrado, 2017

Learning Methods

The contents of this curricular unit will be presented in theoretical-practical classes, which combine the theoretical exposition with the discussion of practical cases and the resolution of application exercises. In the course of the classes, the students will be encouraged to express their understanding about the exposed contents.


Assessment Components

Avaliação distribuída com exame final

Assessment Components

Description Type Time (hours) Conclusion Date
Attendance (estimated)  Lessons  45
 Teste/Exame  3
 Projectos  20
 Study  92
  Total: 160

Continuous Assessment

Written tests / Two written, individual tests, at different times - 80%
Written group work - 20%

Under the terms of General Regulation:
1. The actual presence of the students in the classes will be registered and, if the number of absences per student exceeds 30% of the total number of contact sessions provided for each course unit, it will automatically be transferred to the final evaluation of the normal period.
2. In the tests and in the defined evaluation elements it is necessary to obtain a minimum grade of 7.5 values.
3. If the student is absent or has a grade lower than 7.5 points in the tests or evaluation elements referred to in the previous number, he will be automatically transferred to the final evaluation of the normal season.
4. If the student is absent or gets a grade lower than 7.5 points in the second written test (held on the same date as the final written test of the normal time), he / she may apply for evaluation at the time of appeal.

Final Exam

Written test - 100%

The practical or theoretical-practical work referred to in paragraph b) of no. 2 of article 159 of the general regulations may also be considered, with a weighting corresponding to half of that considered in the continuous assessment, provided that the student informs the teacher of this intention by filling in the appropriate form to be made available by the teacher at the time of the written test.

Proofs and special works


Demonstration of the coherence between the teaching methodologies and the learning outcomes

The content will be the object of an oral presentation always accompanied by slides in the classroom. In addition, relevance will be given to the investigation of the subjects by the students and to the discussion of very practical situations. At the same time, students will be challenged to develop a project in the area studied, always with the perspective of legal and regulatory requirements.