Law of Obligations

General characterization

Prerequisites

Available soon

Bibliography

Cordeiro, A. Menezes – Tratado de direito civil, vol. VI, 3.ª ed., Almedina 2019; vol. VII, Almedina 2018; vol. VIII, Almedina 2017; vol. IX, 3.ª ed., Almedina 2017; vol. X, Almedina 2015.

Leitão, L. Menezes – Direito das obrigações, vol. I, 16.ª ed., Almedina 2022; vol. II, 13.ª ed., Almedina2021.

¿Andrade, Manuel de – Teoria geral das obrigações, 3.ª ed., Almedina 1966.

Varela, J. M. Antunes – Das obrigações em geral, vol. I, 10.ª ed., Almedina 2000, e vol. II, 7.ª ed., Almedina 1997.

Teaching method

The classes, all theoretical and practical, are based on a permanent dialogue between the professor and the student. Whenever their nature allows, the various subjects included in the program will be analyzed based on practical exercises that describe life situations, which students are called to dissect, acquiring and perfecting in this practice the legal instruments at their disposal and developing the capacity for argumentation and legal basis and problem solving. The professor will conduct the classes, and will be responsible for framing and complementing the discussions.

Evaluation method

The evaluation is made by final exam with the duration of three hours. At the beginning of the semester students may choose to attend classes on a continuous assessment basis, in which case the final grade will result from a weighting between the grade in the final exam and the work to be done during the semester. This weighting will give an identical weighting to both marks, with a maximum increase of three values in the final mark in relation to the mark obtained in the final exam. The weighting of the work to be carried out during the semester cannot result in prejudice to the students, whose final grade will never be lower than that obtained in the final exam.

Subject matter

I

The obligation

1. Introduction


2. Compliance and noncompliance with an obligation


3. Other grounds for extinguishing an obligation


4. Transmission of obligations


5. Plural relationships


6. Other special rules


7. Guarantee of obligations


8. Conclusion

II

Sources of obligations

1. The question of "sources of obligations"


2. Unjust enrichment


3. Negotiorum gestio


4. The obligation to eliminate an injury


5. Open problems

Programs

Programs where the course is taught: