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Class Banking and Collateral Law

  • Presentation

    Presentation

    In the curricular plan of a course on markets, it is essential to have a curricular unit on the banking market. As is clear from its name, the object of this curricular unit is dedicated to the study of banking law, contracts related to the various areas in which banking activity is carried out and the guarantees of compliance associated with it.

  • Code

    Code

    ULHT6659-24566
  • Syllabus

    Syllabus

    1. The object, nature and sources of banking law. 2. The constitution of the banking relationship. 3. Contracts ofaccount. 4. Credit agreements. 5. Financing contracts. 6. Payment contracts. 7. Guarantee contracts. 8. Special guarantees of obligations. 9. Personal and real guarantees. 10. Other instruments with a guarantee function.

  • Objectives

    Objectives

    The aim is to provide students with a broad and in-depth knowledge of the most relevant topics of banking law and itsstructuring principles, and to make them aware of the main guarantees of compliance with obligations. There will be aspecial focus on the main banking contracts and the most commonly used guarantees in these contracts. The aim isthus to instil in students a greater curiosity that will enable them to develop their scientific research skills.

  • Teaching methodologies and assessment

    Teaching methodologies and assessment

    The teaching method is characterized by a double aspect, the first is the theoretical exposition of the syllabus contents, and the second, more practical, consists in the analysis of jurisprudence and presentation of work carried out individually by students on a topic included in the syllabus of the subject which are discussed with everyone'sparticipation.
    The assessment is based on the realization of written works and their oral presentation (70%), also contributing to the assessment, the assiduity, oral participation and the quality of oral and written expression (30%). The evaluation can also be done by means of a final exam.

  • References

    References

     

    Cordeiro,António Menezes/Cordeiro, A. Barreto Menezes(2023)Direito Bancário, Almedina

    Fatela, Maria da Conceição Soares(2020)A locação financeira imobiliária e os direitos reais. Da natureza real do direito do locatário financeiro, Almedina.(2017)A opção de compra na locação financeira imobiliária – anotação do Ac. do STJde 21.1.2016, Proc. 6223/13.5T2SNT-D.L1.S1”, in CDP, n.º 57, Braga.(2015)A locação financeira de aeronaves”, in CDPn.º 49, Braga.(2015)O IVA na cessão da posição contratual da locatária financeira”, in Cadernos IVA 2015,Coimbra.(2011)A Transmissão por morte na locação financeira. Revista da Ordem dos Advogados, ano 71, IV.

    Jardim, Mónica (2002)A Garantia Autónoma, Almedina

    Vasconcelos,Miguel Pestana de (2022) Direito Bancário, Almedina;(2019)Direito das Garantias.Almedina

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