This curricular unit aims for students to acquire knowledge of law, in general, and business and business law, in particular, both nationally and internationally.
Objectives and expected learning 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
International and business law
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 Incorporation 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
Leitão Marques et alii;Manual de Introdução ao Direito, Almedina, 2017
Supplementary Bibliography
Iva Carla Vieira;Guia Prático de Direito Comercial, Almedina, 2020
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
77
Participação Presencial
15
Total:
160
Continuous Assessment
Written tests / Two written, individual tests, at different times - 80% Written group work - 20%
Under the terms of the General Regulation:
1. The students' attendance in classes will be recorded and, if the number of absences per student exceeds 30% of the total number of lessons scheduled for each course unit, the student will be automatically transferred to the final evaluation (regular season).
2. In the written tests and other assessment elements mentioned in paragraph 2 of Art. 39 it is necessary to obtain a minimum grade of 7.5 (seven point five) points.
3. If the student misses a test or receives a grade lower than 7.5 points in the tests or in another assessment element mentioned in the previous number, the student will be automatically transferred to the final evaluation (regular season).
4. If the student misses or obtains less than 7.5 in the second written test, held in the same date of the final exam in the regular season, they may apply for further evaluation in the Appeal season.
5. All written academic papers for assessment (reports, case studies, etc.) may be submited in the Turnitin database, available on the ISAG E-Learning platform, with a similarity rate of up to 30% acceptable.
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 international business.
Final Exam
Individual written test with a weighting of 100%
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.