YEAR 2016 N.º 2
ISSN 2182-9845
EDITORIAL
Newton De Lucca
O que se pode esperar do Direito neste século XXI?
Estamos no início do século XXI, mas não tão no início. Quinze anos já decorreram, desde as primícias não apenas de um novo século, mas de um novo milênio, do qual tanto se esperava, pois as ânsias por um novo período para a história da humanidade expandiram-se com todas as forças a partir da Declaração Universal dos Direito Humanos, de 1948, ganhando especial impulso, a partir da queda do muro de Berlim, em 1989, pondo fim à chamada “Guerra Fria”.
Mas o 11 de setembro, de um lado, e as guerras do Afganistão e do Iraque, de outro, logo mostraram que, em vez de caminharmos para adiante, estávamos retrocedendo, ou indo “a passo di gambero”, como iria assinalar Umberto Eco, em sua famosa obra.
The arbitrability of the administrative act in the new CPTA
Bárbara Magalhães Bravo / Maria João Mimoso
arbitration; arbitrability; administrative act; arbitrator.
With the recent amendment of the CPTA (Code of Procedure in Administrative Courts), it became necessary to scalping about the arbitrability of the administrative act. To this end we spoke up about the arbitrability criteria in general in order to define the contours of the problem in the headquarters of the legal and administrative matters, maxime administrative act.
The execution of unauthorised payment transactions and the payment service user protection under the legal framework governing the payment services and the electronic money
Patrícia Guerra
framework contract; payment instrument; payment service provider; payment service user; unauthorised payment transaction; liability.
The aim of this essay is to analyse the payment service user protection under the legal framework governing the payment services and the electronic money in case of unauthorised use of a payment instrument. It has been considered a very important issue in current times. National courts have been confronted with unauthorised payment transactions, mainly through digital means (especially homebanking). The interpretation of that legal framework is a complex task and poses challenges. The absence of a profuse doctrine and jurisprudence about this matter increase the difficulties.
The Initial Risk Statement of the insurance contract: Analysis of the legal regime and brief comment on Superior Courts’ decisions
Vanessa Louro
insurance contract; pre-contractual information duty; liability for providing information; initial risk statement; intentional omissions or inaccuracies; negligent omissions or inaccuracies.
The Decree-Law n. º 72/2008, of 16th of April, approved the Legal Regime of the Insurance Contract. This new regime entered into force in our legal order on the 1stof January 2009 and intends to regulate all the insurance contracts drafted beyond that date. This new legal regime has consolidated the previous existing rules of insurance contract but also introduced certain modifications and enlightened some doubts about pre-existing rules.
The reform for the improvement of corporate governance in Spanish law
Judith Morales Barceló
Verd corporate governance; reform; shareholder’s meeting; board of directors; companies; spanish law.
The reform for the improvement of corporate governance in Spanish law, introduced by the Law 31/2014, has led to significant changes which have affected not only the board of directors but also the shareholder’s meeting, of both traded and non-traded companies. The purpose of the reform is to improve the management of the companies. The following article analyzes these modifications, through a comparison with the previous system.
The Copyright of Integrity and Authenticity of Architecture Works
Maria Victória Rocha
Right of integrity and authenticity; modifications; architectural work.
Article 60º of the Portuguese Copyright Law allows for any modifications in the architectural work without the architect’s consent. It is only required to ask for the architect’s opinion on the modifications and these may be brought about even without his consent. The architect’s opinion is not mandatory and is only necessary to assure that the modifications are legal, not requiring indemnity.
Proceedings of the International Conference “Business Associations in Iberian Peninsula”, Faculty of Law of University of Porto, 10th march 2016
Paulo Nunes de Almeida / João Pacheco de Amorim / Alexandre de Soveral Martins / Filomena Trigo Reto / Paulo Dinis / José Manuel Rodríguez González / José Neves Cruz / Paulo de Tarso Domingues
business associations; employers’ associations; associations’ capacity; business councils; establishment of business companies; business funding.
Despite the importance of business associations in Portugal and in Spain the studies about their legal regime are rare. There are several issues that should be approached on this topic, namely their role in the provision of services for-profit purposes and antitrust problems associated, given their legal shape. The need of a Conference on this issue was unquestionable, and Faculty of Law of University of Porto was the appropriate location for its occurrence.