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Class Business and Labour Law

  • Presentation

    Presentation

    Business law regulates the activity of the most relevant economic subjects in the market, whether they are traders (or market entrepreneurs) on their own or organized in commercial companies. Labor Law regulates the legal relations established between the employer (entrepreneur) and the worker (legal-labor relations). The worker provides or develops a function or activity, service or "work" under the direction of the entrepreneur, over whom he receives a salary and enjoys other rights.

  • Code

    Code

    ULHT450-14671
  • Syllabus

    Syllabus

    Business Law (DE): Object, function and sources; Freedom of private initiative. The trader or entrepreneur and commercial companies; Personality rights. Acts of the entrepreneur in the exercise of trade and the assets of his spouse: responsibilities. The Individual Limited Liability Establishment (EIRL). Commercial Companies: Private Limited Companies (sole proprietorship and private limited companies) and Public Limited Companies: their characterization and legal regime. European commercial companies. Introduction to Bankruptcy. Labor Law (DT): Object, function and sources. The employer vs the worker. The legal-labor relationship: The rights and duties of the worker vis-à-vis the employer and vice versa. The employment contract and the Collective Labor Agreements.

  • Objectives

    Objectives

    Provide students with the necessary instruments for an interpretation and analysis of the legal norms regarding both Business Law and Labor Law, including that enshrined in the Lisbon Treaty with regard to the free establishment and free movement of workers, for an adequate context realities, through study and its application to specific cases.

  • Teaching methodologies and assessment

    Teaching methodologies and assessment

    - Theoretical-practical classes with exposure of the subjects; - Participation of students and critical analysis of the identified problems, as well as analysis of regulations of the Constitution of the Portuguese Republic, the Civil Code, the Commercial Code, the Commercial Companies Code and the Labor Code. The students will be instructed to read the recommended bibliography in advance and to participate actively in the discussions and analysis of the subjects. Assessment Method: The assessment will be continuous and will be based on: - Two assessment tests, respectively on Corporate Law and Labor Law (30% / each test, total 60%); - Participation in classes (40% of the average of the two tests). Total: 100%. Examination of appeal, according to the rules established in the ULHT Evaluation Regulation

  • References

    References

    -António Monteiro Fernandes, Direito do Trabalho, Edições Almedina, 2020. -João Leal Amado, Contrato de Trabalho, Edições Almedina, 2021. -José Engrácia Antunes, Direito dos Contratos Comerciais, Almedina, 2021. -Jorge Coutinho de Abreu, Curso de Direito Comercial, Almedina, 2020. - José Gonçalves Machado, O dever de promover a negociação e a responsabilidade civil dos Gestores, 2022. -Maria Elisabete Ramos, Direito Comercial e das Sociedades entre as Empresas e o Mercado, Edições Almedina, 2021. -Paulo Olavo Cunha, Direito Empresarial para Economistas e Gestores, Edições Almedina, 2020. -Pedro Pais de Vasconcelos, Direito Comercial, Vol. I, Almedina, 2020. -Pedro Romano Martinez, Direito do Trabalho, Edições Almedina, 2019

     

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