1. Home
  2. NOVA Law School
  3. Master's in Law
  5. Risk Management in Financial Contracts

Risk Management in Financial Contracts

Objectives

The objectives of the course are the following ones:



- Examine and analyse the main legal concepts and principles applicable to Risk Management of Financial Contracts;



- Get acquainted with both the theoritical and practical aspects of the subject.



>Present financial operations in the banking and capital markets



>Present different types of guarantees, that is instruments of risk management and mitigation (guarantees propriu sensu and quasi-security)



>Understand the structure and operation of a complex financial agreement



-


General characterization

Code

33162

Credits

4

Responsible teacher

GONCALO REIS MARTINS

Hours

Weekly - Available soon

Total - 168

Teaching language

Available soon

Prerequisites

Not Applicable

Bibliography

Not Applicable

Teaching method

Classes will be taught in an interactive manner where students will be invited to actively engage in the classes. Oral teaching will be reinforced by additional materials such as power point slides which will be uploaded onto the online virtual learning environment. Practical exercises will also be designed in order to help students make a bridge between theory and practice.


Evaluation method

The evaluation method for this course will be a final written exam. In addition, students will also have the possibility to be evaluated on a continuous evaluation basis.


Subject matter

1§.    Introduction: Financial markets as risk transfer markets



 



2.§.   Raising Capital



 



I.       Bank loans and contractual guarantees



 



A.     Different transaction types



1.      (Simple) Bank loans



2.      Syndicated loans



 



B.      Traditional structure of a loan agreement



 




  1. The use of standardized documentation in international financial law (namely, relevance of the LMA)



 




  1. Common contractual provisions and risk management



(a)    Conditions precedent



(b)    Representations and warranties



(c)     Undertakings



(i)      Information Undertakings;



(ii)     Financial Undertakings;



(iii)    General Undertakings (pari passu; negative pledge; and cross default clauses)



 



 



II.     Capital Market



 




  1. Debt



2.      Securitization



 



3§.       Guarantees strictu sensu



 



1.         Bank guarantees



2.         Financial collateral arrangements (Dir. 2002/47)