YEAR 2015 N.º 1

ISSN 2182-9845

2015 N.º 1

Maria Raquel Guimarães

Autonomia e heteronomia na contratação privada, a propósito de jurisprudência recente do Supremo Tribunal de Justiça
Recentemente, pronunciou-se o Supremo Tribunal de Justiça sobre o contrato de swap no sentido da sua contrariedade ao princípio da ordem pública e, consequentemente, da sua nulidade [Acórdão do STJ de 29 de Janeiro de 2015 (Bettencourt de Faria), in ]

Statute and Powers of Health Regulation Entity. Especially in defense of competition

Isa António

Competition; Health Market Regulatory Authority of Health; Community Directives; Skills; Legal Consequences.

The present study is focused on the status as well as the specific role and relevance of the Health Regulatory Authority (HRA) while intervening entity in free, fair and healthy competition in the healthcare market. To achieve that purpose, we approach, their skills not only in a generic perspective, but particularly, in concrete, with a focus on their skills and targets relating to competition, with the horizon to improve the quality of provision of health services.

The Protection of Minority Shareholders in Listed Companies: from Mandatory Protection to the “Horizontal” Corporation

Mario Campobasso

Corporations; Listed companies; Minority protection; Special shares; Multiple voting rights; Shareholders’ meeting; Horizontal society

Protecting minority shareholders of listed companies means to protect the financial market itself. This paper presents an overview of the legal development in minority shareholders’ protection in Italian listed companies. It is argued that the level of minority protection established by Italian law is adequate and in line with the best international standards. Some even say that minority shareholders are too much protected by Italian law and that minority protection should be harmonized with the need of implementing control efficiency and protection of the company against hostile take over.

Professional secrecy and the rules of searches and seizures in a lawyer's office. The case of the in-house lawyer

Tânia Vanessa Nunes Cardoso

Secrecy; Lawyer in-house, search; seizure; NRDJ; AdC

Lawyers as officers of justice are subject to specific duties, such as professional secrecy. This secrecy shall be preserved taking based on the public interest of the profession. The concept of secrecy, its implications and consequences in case of breach thereof are issues that can not be taken lightly, but in this article they assume a secondary role - although not irrelevant - since the central object of this article is the analysis of asymmetries of rules for searches and seizures at the offices of in-house lawyers. In the specific approach of competition law, depending on the investigations carried out by the AdC are based on the Competition Act or the TFEU.

The company secretaries

Paulo de Tarso Domingues

Secretary; private companies; public companies; general meetings

In this article are analyzed the two types of secretary that, both public and private companies, may adopt according to Portuguese law.

The “comply or explain” principle and the ”soft law”

Ana Sílvia Falcão Mestre Efigénia

Soft law; comply or explain; corporate governance; shareholders; disclosure; effectiveness

Soft law is a legal instrument that provides flexibility to whom makes use of it, but the absence of sanction raises an enormous discussion around the legal safety it provides. In this sense, the comply or explain principle, in the context of marketable securities societies permitted to negotiate in a regulated Market, provides the flexibility of the soft law, in the extent that every society adopts the corporate management system it considers most adequate to its needs but, in order to increase transparency on this matter, obliges it to disclosure the management system and the reasons for non-compliance to it.

The contract of employment of foreign nationals under the Angolan law

Francisco Liberal Fernandes

Right of residence; work visa; fixed-term contract; working conditions

A survey of the requirements imposed on foreign nationals (residents and non-residents) under the Angolan law on the administrative conditions for carrying out employed activity and an overview of the rules that apply to a fixed-term contract.

Present and future of international family and succession relationships in European Union Law. The “state of the art”

Helena Mota

European Union; Private International Law; Conflicts of Law; international family relationships; international succession; professio iuris

On personal international relationships, especially on family relationships and succession field, has always been difficult to create uniform law both in a material or conflictual perspective. Over the past decade this difficulty was gradually overcome and were published several EU Regulations establishing uniform conflict of law rules. As expected, this has not been an easy task and consensus on matters such as divorce, property relationships between couples or the validity of the marriage were not achieved. Other materials should have been treated on a more harmonious and coordinated manner. There are questions that remain aside of legislative framework, gaps to be addicted. In this paper we intend to describe the “state of the art” and try to preview the future developments of the communitarisation of international family and succession relationships.

Plaidoyer for a “dynamic distribution of the burden of proof” and for the “spheres of risk theory” on the light of the recent Supreme Court´s decision, of 18/12/2013: the (admirable) “new world” on the homebanking?

Hugo Luz dos Santos

Dynamic distribution of burden of proof; spheres of risk; consumer; homebanking; information gap; bounded rationality

The present article intends to, on the light of the recent Supreme Court´s decision of 18/12/2013, emphasize the mobilization of the dynamic distribution of burden of proof theory within the homebanking´s range; specifically viewing, ultimately, the weakening of the burden of proof that is enshrined on the consumer ambit and the coetaneous rising of the burden of proof of bank entities (homebanking´s service provider).