YEAR 2018 N.º 1 Volume 15

ISSN 2182-9845

2018 N.º 1

Francesco Rende

Contractual freedom and protection of the athlete's private life

EU Consumer notion (Regulation 1215 consumer notion versus consumer protection Directives)

Alicia Arroyo Aparicio

Consumer notion; Consumer protection Directives; European Regulation 1215; average consumer.

Comparing the consumer notion under European Regulation 1215/2012 (and the background of this regulation) and these used by consumer protection Directives face some commercial or contractual practices, it appeared that they are similar, although not identical. In the case of Directives, it is first and foremost a functional concept (“elastic concept”) and — as it is known- 'consumer' means any natural person who, in contracts covered by this Directive, is acting other than in the exercise of his trade, business, craft or profession. A comparative analysis in these two contexts is provided, being finalized with some conclusions about the consumer notion in the European Law.

Securities Investment Companies for Promotion of the Economy: First Notes

João Nuno Barros

commercial companies; finance; investment.

Following the search, by national corporate entities, of new ways to finance their activities, the Portuguese legislator created and regulated, through Decree-Law no. 77/2017, from 30 July, the Sociedades de Investimento Mobiliário para Fomento da Economia (SIMFE). The creation of this new corporate finance vehicle fits in the scope of Programa Capitalizar, and its main purpose is to promote a strong and sustained recovery of economic growth, through the concession, to national small and medium enterprises, of news ways to obtain funds, thus guaranteeing the access to unconventional financing methods.

Self-employed workers: study of the implications of the concept of a contracting entity in the payment of social security contributions

Joana Nogueira Gomes Carvalho Campos

Self-employed workers; Contracting entity; Tax base; Tax rate.

The scheme for self-employed workers has undergone a marked change with the new contributory code, including the provision of a single extended scheme which includes protection of workers in the event of illness, convergence with taxation of income from the tax base, seeking to bring it closer to the real remuneration of self-employed workers and the 'sharing' of social charges between self-employed service providers and their acquiring entities, in cases of a high concentration of services purchased by them.

The role of the system of justice in a Society in anomie: constrains and challenges in Portugal

José Neves Cruz

Institutional anomie; system of justice; cultural values; polity and social institutions; human development; happiness.

This study addresses the role of the system of justice when problems of institutional anomie occur, applying this reflection to the Portuguese case. After a brief presentation of the theory of institutional anomie, some signs of anomie in Portugal were identified, taking into account the cultural values associated with the American Dream, the economic pressures in Portuguese society, the situation of political and social institutions and the evolution of instrumental crime.

The role of private actors in the regulation and enforcement of corporate environmental harm

Judith van Erp

regulation; multinational corporations; private actors; whistle blowing; social control; global harm.

This chapter explores some of the challenges of the regulation and control of multinational corporations in the global economy. It will describe how a new institutional landscape has arisen out of the globalisation of markets, that is more transnational and more privatized, and in which public national legislation and regulation have less relevance. It will then investigate how private actors can be involved in the prevention, regulation and control of transnational risks and corporate harm, in particular environmental harm, and discuss the potential and pitfalls of private regulation and enforcement. It will also discuss the consequences for the organization of public regulation and enforcement and conditions for a effective involvement of private actors.

The parity of treatment between the State and private individuals: of Judgment No. 819/2017 of the Constitutional Court

Francisco Liberal Fernandes

emphyteusis; long lease; adverse possession; Decree-Law no. 195-A/76; Constitution; fair compensation; tenancy.

Assessment of the constitutionality of the emphyteusis and the indemnity regime introduced in Decree-Law no. 195 - A / 76 by Law no. 108/97.

The reform of the Commercial Law of Angola

João António Bahia de Almeida Garrett

Commercial Code; reform of the commercial law; object of the commercial law; definition criterion; innovations; strengths; weaknesses.

This article aims to study and acquaint the Portuguese legal environment with the new project of Commercial Code of Angola which is part of an in-depth revision and update of the Angolan law. After a general overview of the project, various comments on the major innovations and its strengths and weaknesses are offered.

The relationship between Unfair Competition Law and Competition Defense Law in Spanish Law after Directive 2014/104/UE transposition into national Law and recent Supreme Court rulings

Gustavo Andrés Martín Martín

Unfair competition; Antitrust Law, article 15.2 Unfair Competition ACT (LCD); simple infringement; competitive rules; Directive 2014/104/UE.

The relationship between Unfair Competition Law and Competition Protection Law has been a continuous discussion in Spanish Law since the inception of 1963 Act for prevention of restrictive practices on competition. Today, Spanish scholars admit without hesitation the inner unity of the discipline “Competition Law”. However, this relationship has still some important questions to be answered.

The "fetosín" as an example of a traditional legal institution

Irene Merino Calle

Customary law; Public law; Spanish Private law; Fetosín; Anthropology; Common gods; Jurisprudence; Spanish Civil Law.

This study focus on analyzing what is the traditional agrarian law called Fetosín, meanwhile the study treats to solve the debate emerged about its legal nature and its connection to another figure of private law known as Enfiteusis. Also, the article will attend to provide a solution to this discussion from a legal perspective necessarily, adding at the same time a new point of view, the anthropological one, as relations between Law and Anthropology represent a bond of great interest. In the end, there are several conclusions which come from the analysis made previously.

Book Review of ESPINIELLA MENÉNDEZ, A.: La protección de los consumidores, Colecção Abogacía Internacional, vol. II, Madrid, Rasche, 2016, 270 pp. (ISBN: 978-84-15560-57-9)

Helena Mota

European Union; Private International Law; consumer protection; cross-border consumer contracts.

Recensão crítica a ESPINIELLA MENÉNDEZ, A.: La protección de los consumidores, Colecção Abogacía Internacional, vol. II, Madrid, Rasche, 2016, 270 pp. (ISBN: 978-84-15560-57-9).