Contracts (20989)

• Year: 2nd

• Term: 1st

• Number of ECTS credits: 9

• Student hours: 225

 

Syllabus

'Contracts' aims to enable students to approach and familiarise themselves with the institutions and rules of contractual relationships, and to this end the regulations in force to be implemented in each case are presented. However, given that students should not only be aware of positive law but should also be able to reason in a legal sense, doctrinal opinions and the relevant case law are also presented.

 'Contracts' is divided into two large sections, which are taught according to classical methodology: firstly what is known as the 'general part of contract law' is dealt with; this centres on defining the concept of contract, studying its formation and the legal relationships and outcomes which may result at a given time,  establishing how contracts are fulfilled and, if they are not, what remedies the legal system makes available to the affected contracting party, and finally, establishing how contracts are terminated  and what the resulting effects are.

Secondly, the 'specific part' is studied, dealing with studies of selected specific contract types, as well as the special features of commercial contracts.

The course looks especially at new trends in the field of contractual relationships (some established by European Union regulation and others by processes tending towards the international harmonising of contractual relationships), especially in consumer law. Finally, with the aim of providing an overall view of contracts (without the risk of leaving particular specialities to one side), civil contracts and commercial contracts are also presented.

I. General Part

1. The concept of contract. Sources. Classifications. Consumer contracts.

2. Preliminary negotiations and formation of contracts.

3. General terms and conditions of contracts.

4. Contract fulfilment and contractual obligations.

5. Breach of contract. Types. Imputation. Act of God and force majeure.

6. Remedies for breach of contract.

7. Contract amendment and termination. Supervening loss of binding force. Novation, cessation, subcontracting. The Rebus sic stantibus clause.

 

II. Specific Part

1. Sale and purchase contracts and exchange contracts

2. Gifts

3. Leasing agreements

4. Works contracts, provision of services contracts and deposit contracts

5. Corporations

6. Bonds

7. Quasi-contracts and unfair enrichment

8. Aspects of commercial contracts

9. Commissions and agencies

10. Distributor contracts

11. Transport contracts

12. Insurance policies

13. Bills of exchange, promissory notes and cheques