Alexandre Ferreira de Assumpção Alves / José Carlos Jordão Pinto Dias

Business contracts; Factoring; UNIDROIT Ottawa Convention, 1988; Brazil Business' Code Project; Contractual risks; Random contracts

This paper presents aspects of factoring contract in Brazil. For this, a bibliographical and documentary research was done, using the deductive method. Factoring has considerable relevance for business and economy, and the parts of the contract must have full discretion as to the meaning and content of the clauses agreed. In this sense, the article deals with the essential characteristic of this contract in Brazil, that is, the exclusive responsibility of the factor, in case of lack of payment by the debtor. It is also discussed whether factoring is a business contract, as well as the possibility of assignment of credits from sales to consumers, the exclusivity of the contract, and the liability in case of non-payment of credits by the debtor.

José Manuel Coelho Dias Fernandes

network neutrality; internet neutrality; internet access provider; zero rate; telecommunications law; information society; internet governance; cyberlaw; IT law; online equivalence; free speech; open internet

The present paper focuses on the legal matter of network neutrality. Starting from a Contract Law approach to the arrangement underlying the user’s access to the internet, the analysis contemplates elements from both the European Union and Portuguese legal frameworks regarding information society services, electronic communications services and networks, and consumer law.

José Ignacio Hernández G.

International investment arbitration; right to regulate; Global Administrative Law

One of the biggest concerns regarding international investment arbitration is the compatibility between such arbitration and the right to regulate. In this sense, international investment arbitration must be compatible with the exercise of the sovereignty of the State, in order to regulate the economy. One way of achieve this compatibility is focusing investment arbitration within Global Administrative Law.

Mª Ángeles Parra Lucán

Case law; appeal, European Court of Justice; European Court of Human Rights

This piece of work analyzes the value of case law in Spanish Private Law as well as the interaction of the Supreme Court’s case law with the decisions of other courts (European Court of Justice, European Court of Human Rights, High Courts of Autonomous Communities and the Constitutional Court).

Maria Elisabete Ramos

corporate governance; litigation culture; legal defense costs; directors’ protection; corporate indemnification 

In the USA, the” Indemnification” by the corporation means the corporation reimburses a defendant who is a corporate officer or director for expenses incurred in defending against a claim or prosecution. This article characterizes this way of directors’ protection by reference to the USA court rulings, the Model Business Corporation Act and the Principles of Corporate Governance.

Francesco Rende / Roberto Saija

Food Safety; Information; Consumer; Allergens; Engineered Nanomaterials; GMO

This essay examines the European legislation on food safety with specific regard to pontentially dangerous products for human health. Special attention is paid to the Regulation (EC) No 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (Food Safety Regulation), to the Regulation (Eu) No 1169/2011 on the provision of food information to consumers (Food Information Regulation) and to REGULATION (EU) No 2015/2283 on novel foods.