Learning outcomes of the curricular unit (knowledge, skills and competences to be developed by the students)
Knowing the natural and legal persons who practice trade, especially, the limited liability (private) company and a joint stock company (public), as well as the relations between them and restructuring operations. Reflect on the constitution, characteristics and functioning of European public society (anonymous), as well as companies in international trade. Knowing the two major fields of Industrial Law: the protection of innovation and protection of distinctive commercial signs , modalities and consequences of unfair competition. Provide students with a set of knowledge that enables them to: select , create and change the legal structure of a company that operates in the context of international trade; solve some issues of private international law societies; protecting industrial property, with awareness of the consequences of unfair competition.
Syllabus
1 - Trade and Traders
1.1. Trade acts (in the legal sense and economic)
1.2. Individual traders (with unlimited liability and limited)
1.3. Commercial companies: concept, types, characteristics and processes of incorporation
1.4. Commercial companies limited and anonymous ¿ comparison of regimes
1.5. Coalition, merger and spin-off (division) of companies
2. European Law Societies
2.1. Establishment, organization and operation of Public European Society (anonymous)
3. The Companies in the International Trade
3.1. Law applicable to companies
3.2. Inter-societal relations in international trade
3.3. International arbitration in corporate matters
4. Industrial Property
4.1. Introduction
4.2. Protection of innovation
4.3. Distinctive signs
4.4. Unfair competition: concept, modalities and consequences
Demonstration of the syllabus coherence with the curricular unit's learning objectives
As a rule, companies that operate in international trade have corporate nature. In the context of this activity, issues of private international law societies, as well as competition issues that lead to the need to protect innovation and distinctive marks of products or services.
Teaching methodologies (including evaluation)
The classes are theoretical and practical, with the presentation of contents, practical exercises about interpretation and application of law, as well as the choosing of the law applicable to international juridical relations. Assessment: The continuous evaluation method is adopted, which includes the cthe performance in two written tests. A score bellow 8 (eight) values in any of de tests prevents the exemption from the final exam. The achievement of 8 or 9 values in the written part of the final exam allows the performance of an oral examination.
Demonstration of the coherence between the teaching methodologies and the learning outcomes
Teaching the selection, establishment and modification of the main subjects of international trade, as well as issues of private international law and competition brought about the exhibition and discussion of the relevant legal texts and doctrinal formulation with issues raised by the respective reading and has presentation and resolution of practical cases.
Bibliography (Mandatory resources)
Cordeiro, A. Menezes (2005). Direito Europeu das Sociedades. Coimbra: Almedina.
Gonçalves, Luís M. C. Gonçalves (2019). Manual de Direito Industrial. Propriedade Industrial e Concorrência Desleal. Coimbra: Almedina
Mimoso, Maria João (2009). Arbitragem do Comércio Internacional. Medidas Provisórias e Cautelares. Lisboa: Quid Juris
Ramos, M. Elisabete Gomes (2018). Direito Comercial e das Sociedades - entre as Empresas e o Mercado. Coimbra: Almedina
