YEAR 2017 N.º 1

ISSN 2182-9845

2017 N.º 1

Henrique Luís de Brito Araújo

O estado da Justiça
Atento observador das características do homem português, dizia Fernando Pessoa que temos muito pouco de latinos. Para ele, somos mais helénicos, capazes, como os gregos, de só obter a proporção fora da Lei, na liberdade, na ânsia, livres da pressão do Estado e da sociedade.
A auto-regulação do homem português em ambiente de plena liberdade, sem peias nem amarras, seria assim necessária à busca do equilíbrio para o homem português alcançar o seu destino social.
Poderá, ou não, ser assim, mas a relação dos portugueses com a Lei e a Justiça é deveras curiosa, nomeadamente quando se trata de pessoas cujo papel social assume particular relevo.

Doctrinal and jurisprudential aspects of factoring in Brazil

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.

Net neutrality and the internet access contract: contribution for the regulation of cyberspace

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.

Economic regulation and international investment arbitration

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.

Scope and value of case law in Spanish Private 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).

Who foots the bill? Remarks on the corporate indemnification

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.

Food safety and information rules in the regulation of allergens, GMO and engineered nanomaterials

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.