YEAR 2016 N.º 1

ISSN 2182-9845

2016 N.º 1

Christian Baldus

Inconscientes ou incendiários?

Sobre a avaliação universitária e imperialismo cultural

Por toda a Europa a avaliação da investigação universitária tem causado problemas. Quem sustente o contrário, mente – ou vive noutro mundo. Se, porém, a avaliação será veramente necessária, é todavia questão que, de momento, raras vezes se discute, apesar dos enormes recursos que consome: e logo em prejuízo da investigação e do ensino. Não fosse porém apenas desnecessária, é também – o que é pior – prejudicial.

The judicial reorganization and the judicial review of the judicial reorganization plan in Brazil

Alexandre Ferreira de Assumpção Alves / Matheus Azevedo Bastos de Oliveira

Commercial Law; Judicial Reorganization Proceeding; Judicial Reorganization Plan; General Meeting of Creditors; Law n. 11.101/2005; Brazilian Bankruptcy Jurisprudence

The Law n. 11.101/2005 introduced the judicial reorganization procedure in the Brazilian bankruptcy law and replaced the old legal institute of preventive concordata, regulated by Decree-Law nº. 7661/1945. With notable differences from its predecessor, the judicial reorganization caused considerable changes in the legal and economic outlook in Brazil, especially because it provided for creditors and debtors a Court procedure for the negotiation of a sui generis agreement to be approved at the general meeting of creditors: the judicial reorganization plan. On the other hand, the effective granting of the judicial reorganization cannot do without a Court order and to the judge is given the jurisdictional power to ensure the legality of the procedure and to analysis the reorganization plan.

Types and choice of procedures in the Angolan Public Procurement Law – a critical analysis

João Pacheco de Amorim

Angolan Public Procurement Law; Public procurement; General principles; Contractual procedure; Choice of procedure

In the present article, the Author’s purpose is to analyse briefly, and in a critical way, the Angolan public procurement legislation, most specifically the Angolan Public Procurement Law (LCPA), focusing on the different types of procedures available and how can they be chosen by public entities.

Legal Issues on Consumer Arbitration and Mediation

Joana Campos Carvalho / Jorge Morais Carvalho

Alternative Dispute Resolution; CADR; Mediation; Arbitration; Consumer Law; Services of General Interest

Consumer Alternative Dispute Resolution (CADR) raises several legal issues bearing significant practical relevance. In the last few years Portugal has adopted new laws on voluntary arbitration, mediation and CADR and a legal rule which sets forth that arbitration is mandatory for companies providing services of general interest. These circumstances justify a thorough analysis and scientific study of some of the issues that CADR entities, consumers and companies deal with every day.

Reconciliation of work, private and family life in international and comparative law. Special focus on Spanish law

Irene Merino Calle

Reconciliation; European law; Spanish law; Maternity leave; Paternity leave; Parental leave; Jurisprudence

This study focus on analyzing what the reconciliation of family, personal and professional life is; to know deeply the legal regime of reconciliation actions not only of the International Law but also of the European Union law. It is necessary to show a general comparison of the conciliation rules among different European countries. Also, considering the equal rights and duties involved in caring for children and dependents are too much closely linked to the principle of equal treatment and opportunities in labor market between men and women, it is needed to study and to evaluate the normative and instruments found in Gender equality. In the end, there are several conclusions which come from the analysis made previously.

Autonomous interpretation of contractual nature or not of an action. Commentary on the STJUE of 13 March 2014, as. C-548/12, Marc Brogsitter v. Fabrication de Montres Normandes

Ana Moreno Sánchez-Moraleda

Interpretation and/or autonomous rating; contractual liability; non-contractual liability

This judgment of the Court of Justice of the European Union (STJUE) interprets substances of item 5, number 1, of Regulation (EC) No. 44/2001 of the Council of 22 December 2000 on jurisdiction and the recognition and the enforcement of judgments in civil and commercial matters (article 7. 1 Regulation (EU) No. 1215 / 2012, recast), which sets international jurisdiction in actions for contractual liability jurisdiction to differentiate it from substances of item 5, number 3 of the Regulation (article 7. 2 Regulation (EU) No. 1215 / 2012, recast), which establishes the non-contractual liability.

Consumer protection between standard form contracts and unfair commercial practices

Teresa Moura dos Santos

Standard contract terms; standard form contracts; unfair commercial practices; misleading action; misleading omission

The purpose of the present study is to propose a connection between the provisions of Directive 93/13/EEC – Unfair Terms in Consumer Contracts Directive –, and those of the Directive 2005/29/EC – Unfair Commercial Practices Directive –, and ascertain, consequently, which consequences result from that coordination for the Portuguese national law. It is intended, therefore, to assess the concrete circumstances in which the use of standard contract terms, inserted in standard form contracts, entails the constitutive elements of an unfair commercial practice.

Panorama of Bilateral Trade Relationship Brazil - China and Selected Cases of Trade Remedy

Dan Wei

Brazil; China; trade remedies; antidumping decree; public interest

The economies of Brazil and China are complementary to one another in nature, therefore, the boom of bilateral trade based on the comparative advantage is beneficial to both sides and brings new opportunities for both countries. Even though the great part of bilateral trade relations is developing soundly, more and more trade frictions have emerged in some particular industrial sectors. This paper analyzes trade remedies in Brazil, evaluates its reform of antidumping regulatory framework and focuses on implications of Brazilian new antidumping decree for China.