YEAR 2014 N.º 1

ISSN 2182-9845

2014 N.º 1

Paulo de Tarso Domingues

Borges e os “pierre-menardismos”, Popper e as palavras grandiloquentes: contributos para a redação de textos jurídicos
Quando a Diretora da RED, Professora Raquel Guimarães, me convidou para fazer o Editorial deste número, fiquei obviamente honrado, mas simultaneamente preocupado com o que poderia eu trazer para este texto de abertura da Revista Eletrónica de Direito da Faculdade de Direito da Universidade do Porto.
Lendo os editoriais anteriores, constatei – como é expressamente afirmado no editorial do n.º 1 – que a RED pretende ser um espaço multicultural e aberto, recebendo contributos de diferentes quadrantes e autores.

Form of Consumer Credit Contract and The Consequences of its Breach

Esther Arroyo Amayuelas

Consumer credit; form of contract; form of pre contractual duties of information; breach of form and effects

This article deals with form of consumer credit contracts and the consequences of its breach. Distinction between form and content relating both to the contract and pre contractual information duties is made. External form (on paper or on another durable medium) and internal form (legal information to be provided) are therefore examined. The analysis focuses on the Spanish law, but other jurisdictions are also involved in the study.

Pension reform in the European Union

Ana Sofia Carvalho

European Union; Pensions; Green and White Papers

Pension reform in the European Union is under study since 2010, the year that the Green Paper of the European Commission called "Towards adequate, sustainable and safe European pension systems" launched a Europe-wide debate about the key challenges facing pension systems and on how the EU can support the efforts of Member States to provide adequate and sustainable pensions. To this challenge answered hundreds of actors, having expressed a wish to see addressed issues relating to pensions with a comprehensive and coordinated manner across the European Union.

Limited liability consortia: possible organizations and other legal issues

Emanuele Cusa

Consortium; limited liability of members; profit and mutual purposes; company law

More and more, Italian small and medium-sized enterprises are established as limited liability consortium to keep competitive on the market. According to Italian law to set up such a business organization is possible to choose out of four legal forms: società a responsabilità limitata, società per azioni, società in accomandita per azioni and società cooperativa. In this writing two set of problems are mainly dealt with: (i) the hierarchy between the law of the business organization chosen by entrepreneurs and the law of the consortium contract in order to determine what is the law applicable to the said entity; (ii) the legitimate purposes of a consortium with legal personality (for-profit/non-profit/mutual).

Reflections on Portuguese Constitutional Court Judgment n. 602/2013

Francisco Liberal Fernandes

Constitutional Court; flexible working time; annual leave; overtime; dismissal for inadaptation; collective agreements; Directives n.s 2003/88 e 2000/78

We discuss some issues about de jurisprudence of the Constitutional Court in the judgment n. 602/2013.

Protection of the consumer credit at the time of conclusion of the contract

Fernando Gravato Morais

Credit agreements for consumers; right of withdrawal; early repayment; linked credit agreements

The following text deals with the protection of the consumer credit at the time of conclusion of the contract, either as to the aspects of form and procedural (especially, the delivery of the copy of the contract), as to the wide range of indications that should be affixed to. This study analyzes also the regimes of the right of withdrawal, the early repayment of the contract by the consumer and non-payment benefits by the consumer. Finally, gives emphasis to the linked credit agreements and the particularities of their discipline.

Professio iuris and renvoi in Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012

Helena Mota

Private international law; successions; European Union; renvoi; applicable law; conflicts of law

Regulation (EU) No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession creates a comprehensive legal framework on international successions. The respect for the will of the deceased, his succession planning, the defense of the rights of heirs and creditors, and the coherence and harmony of decisions are some of the goals undertaken through the different solutions presented in Regulation, maxime, the exercise of professio iuris and admissibility of the renvoi.

The diffuse instruments of company financing: the comfort letters

L. Miguel Pestana de Vasconcelos

Typical Guarantes; atypical guarantes; company law; commercial law; banking law; finance

The commercial trade keeps developing new instruments better suited to fill its needs. One such instrument is the comfort letters, which are closely related to company financing. In contrast to the different types of guarantees, they have a diffuse character, which makes the qualification of each individual comfort letter a difficult task. To that end, a system of groups of comfort letters is here developed, so that their general regime may be determined. In that framework it is possible to determine the regime of each individual comfort letter with a far greater degree of precision.