Sumários
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26 Fevereiro 2021, 14:30 • Rita Sousa
1. The definition of Company Law as a Business Law subject
1.1. The definition as to the formal respects: how to qualify it? The legal nature of Company Law
1.1.1. A branch of law;
1.1.2. Private law: the assignment as a branch of law within the Legal System: a private law branch. The distinction between private law and public law.
1.1.3. Codified law: a group of provisions construed according with the three "S" rule: scientific, systematic and synthetic;
1.1.4. Special Commercial Law. The subsidiary law: the common private law (civil law);
1.2. The definition as to the material respects: the subject and main contents. Underlining the importance upon the main regulatory contents by giving explanatory examples.
2. The primary legislative authority on Company Law;
3. The CCA regulatory structure.
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23 Fevereiro 2021, 13:00 • Rita Sousa
I. The Authority Sources (cont.):
1. The Judicial Authority: the courts of law rulings;
2. The Administrative Authority: (i) the administrative regulations; and (ii) the administrative decisions;
3. The Secondary Authority:
3.1. The Internal Custom (the trade usage): its concept and elements (the objective element and the subjective element); the applying requirements to be admitted as a mandatory source of authority; the article 3 of the Portuguese Civil Code; its residual effect as a non-intentional source of authority vs intentional sources of authority.
3.2. The soft law (the doctrine and the non-binding agreements): the persuasive authority.
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12 Fevereiro 2021, 14:30 • Rita Sousa
The Authority Sources: the legal framework upon the general sources of authority: the primary legislative authority (cont.):
1. The secondary EU law. The article 288 of the Treaty on the Functioning of the EU. The legal acts of the UE, each one respective features and how each one applies: (i) the regulation; (ii) the directive; (iii) the decision; (iv) recommendations and opinions.
2. The internal (ordinary) law or domestic law (the statutes). Legislative ordinary powers granted national wide to the Parliament and to the Government. The law (in its formal sense) and the Decree-law as examples of statutes. The legislative ordinary powers granted regional wide to Regional Parliaments of Azores and Madeira: the Regional Legislative Decree as a legal type of regional statute.
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12 Fevereiro 2021, 14:30 • Rita Sousa
The Authority Sources: the legal framework upon the general sources of authority: the primary legislative authority (cont.):
1. The secondary EU law. The article 288 of the Treaty on the Functioning of the EU. The legal acts of the UE, each one respective features and how each one applies: (i) the regulation; (ii) the directive; (iii) the decision; (iv) recommendations and opinions.
2. The internal (ordinary) law or domestic law (the statutes). Legislative ordinary powers granted national wide to the Parliament and to the Government. The law (in its formal sense) and the Decree-law as examples of statutes. The legislative ordinary powers granted regional wide to Regional Parliaments of Azores and Madeira: the Regional Legislative Decree as a legal type of regional statute.
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9 Fevereiro 2021, 13:00 • Rita Sousa
The Authority Sources: the meaning of authority and the legal framework upon the general sources of authority.