Irene Merino Calle

Applicable law; patrimonial effects; unregistered partnerships; International Private Law; Regulation 2016/1104; European and national law.
 

In Portugal and other countries in Europe, there is an increase in the number of couples who live together without getting married, known as de facto partnership. This is due not only to ideological and practical reasons, such as the perception that marriage is too formal or the legal impossibility of getting married in some cases. In particular, the text addresses the legal complexity of the family, focusing on the legal problems that arise in the patrimonial sphere of these de facto partnership. The regulation of the patrimonial effects of these unions varies from country to country, further complicating the situation when de facto partnership has an international context. In these cases, private international law plays an important role in determining the competent courts, the applicable law, and the recognition of decisions in other states.

María del Pilar Mesa Torres

Deepfakes; Personality rights; Minors; Artificial intelligence; Digital law; Fundamental rights.

This study conducts a comparative analysis of the regulatory framework for personality rights in Spain and Portugal in light of potential violations stemming from the use of deepfakes, a type of artificial intelligence technology that enables the creation of manipulated audiovisual content —such as images, videos, and audio—that appears authentic but is, in fact, falsified. This technology poses substantial risks, particularly for minors, who increasingly have access to tools that facilitate the creation and dissemination of such content. The ease of access to applications capable of generating false materials represents a serious threat to the protection of fundamental rights, including honor, privacy, and personal image.

Vicente Leite Barbosa Araújo dos Santos / José Gracildo de Carvalho Júnior / Rafael Rodrigues de Souza / Alexandre Bezerra Oliveira

Court Orders; Bid-rigging; Federal Audit Court; Alice, Misappropriation of Public Funds; Scientific and Technological Progress.

The evolution of society combined with the study of the intersection of the phenomena of corruption and technological development represent an important means of broadening our understanding of the current crime scenario in Brazil. With this in mind, we analyzed the technological tools used to combat the embezzlement of public funds in Brazil, focusing on the software developed by the Federal Court of Accounts, especially the artificial intelligence solution Alice. The data analyzed was provided by the Federal Court of Auditors and statistical analysis techniques were used to interpret and understand the results of software implementation, given its impact on preventing the misappropriation of public funds in federal government tenders. In this way, the Alice software analyzed an average of 426 public notices every day from 2019 to 2023.

Ece Baş Süzel / Haluk Sinan Tandoğan

This article examines the legal framework and practical implications of non-compete provisions in employment contracts under Turkish law, while drawing comparisons with other legal systems. It highlights the critical balance between protecting employers’ legitimate interests and safeguarding employees’ economic freedom. The article explores the legal basis of non-compete clauses, including their scope, duration, geographical limitations, and the necessity for proportionality to ensure validity. Emphasis is placed on the principle of interpretation in favor of employees, reflecting the constitutional right to work. The discussion includes key provisions of the Turkish Code of Obligations and the Turkish Labor Code, as well as mandatory rules in private international law, such as the application of directly applicable rules and public policy intervention under Turkish Private International and Procedural Law No. 5718.

Dámaso F. Javier Vicente Blanco

Human rights; artificial intelligence; European Union; international public order; private international law.

The new EU Regulation on Artificial Intelligence establishes rules for the protection of fundamental rights that can operate as international public order in cyberspace. Its content and scope are of substantial importance in determining the levels of protection of human rights in a future in which Artificial Intelligence will be omnipresent in all human activities. The existence of the so-called “Brussels effect”, which has led in various fields to extend European solutions to the rights of States in other geographical areas (as a regulatory model), allows us to venture the possibility of the extension of European solutions to other areas of the world and to operate as a common international public order.

Tiago Azevedo Ramalho

Civil Law; Property rights; Law of obligations; Easement; Duties.

A review of ANNA MAGDALENA GEIGER-WIESKE, Dinglichkeit und Pflicht – Eine Untersuchung am Beispiel der Grunddienstbarkeit, Nomos, Baden-Baden, 2024

Fernando Silva Pereira

ODR; Online dispute resolution; Regulation (EU) no 524/2013; Regulation (EU) no 2024/3228.

Online Dispute Resolution (ODR) Platform — Information note