https://revistas.rcaap.pt/juridica/issue/feed Revista Jurídica Portucalense 2025-06-30T00:00:00+01:00 Fátima Castro Moreira fcmoreira@upt.pt Open Journal Systems <p class="Default">Portucalense Law Journal (Revista Jurídica Portucalense) is published every six months in digital format in open acess and is available through the RCAAP platform (Scientific Open Access Repository of Portugal).</p> <p class="Default">Towards the continuous enrichment of its content and the dissemination of legal thinking, Portucalense Law Journal and the Portucalense Institute for Legal Research appeal for the scientific community's contribution in all Law-related areas. To this end, the Journal will receive the submission of original works, which, after evaluation and approval by a peer committee through the international double-blind peer review method, will be published in the "Scientific Research" section.</p> <p class="Default"><strong> Submission deadline</strong>: ALL THE TIME</p> <p class="Default"><strong>Useful link:</strong> <a href="http://siupt.uportu.pt/content/files/dd/revista/model_plj_2013_2014.pdf">http://siupt.uportu.pt/content/files/dd/revista/model_plj_2013_2014.pdf</a></p> <p class="Default"> </p> <p class="Default">In anticipation of Your contributions, accept our kind regards.</p> <p class="Default">The General Editor, Fátima Castro Moreira</p> https://revistas.rcaap.pt/juridica/article/view/39183 Building an International Regulatory and Legal Framework For Green Digital Finance 2025-04-12T12:16:00+01:00 Wahid WINARTO wahidwachyuadiwinarto@mail.ugm.ac.id PARWOTO parwoto@umy.ac.id <p>This paper is to discuss the evolution of the concept of green digital finance and its relationship to achieving sustainable development goals. It aims to analyze the existing regulatory and policy framework related to green digital finance and explore legal and regulatory considerations for optimizing digitalization in supporting green finance. This study aims to investigate the existing regulatory framework governing green digital finance and analyze the legal challenges that arise as the industry develops. This study qualitatively examines the development and current status of green digital finance, emphasizing its alignment with sustainable development goals (SDGs). It explores the regulatory and policy frameworks shaping green digital finance, highlighting both the opportunities and challenges introduced by technologies like blockchain, AI, big data, and IoT. The analysis also investigates the efforts of regulators and financial institutions to adapt regulations, offering insights into legal and policy measures required to leverage digital innovations for advancing green finance. Sustainable development (SDGs) through technological innovation in the financial sector provided by technologies such as blockchain, AI, machine learning, big data, and IoT in enhancing green finance initiatives. While these technologies also present challenges related to data security, consumer protection, and regulatory adaptation</p> 2025-04-28T00:00:00+01:00 Copyright (c) 2025 Wahid WINARTO, PARWOTO https://revistas.rcaap.pt/juridica/article/view/38230 Analysing the effectiveness of migrants’ protection and integration through the applicability of the European Union’s directive on long-term residents 2024-12-10T10:47:43+00:00 Ana Filipa NEVES filipaneves@ces.uc.pt Carlos NOLASCO cmsnolasco@ces.uc.pt <p>In 2003, the EU approved a new regime of long-term residency of third-country nationals who, after having lived in a Member State for a minimum of five years, should enjoy equal rights as those of Member States citizens in a wide range of economic and social matters. Only in 2011, was this specific regime also applied to refugees. Two decades after its entry into force, it was time to analyse the impact of this legal avenue in the lives of long-term migrants living in Portugal. The analysis conducted systematised how this EU legislation was transposed into the Portuguese migration and asylum legal norms and how it became effective in ensuring migrants’ well-being in Portugal. To this end, the chosen qualitative methodology included the analysis of legal and other relevant texts and, also, the organisation and conduction of semi-structured interviews and focus groups with migrants who were long-term residents in Portugal, in 2021. Drawing on the participants’ opinions, the present paper aims to address the advantages and pitfalls of long-term residence status in order to ameliorate the first and surpass the latter, not losing sight of the end goal of ensuring migrants’ rights to protection and inclusion.</p> 2025-01-14T00:00:00+00:00 Copyright (c) 2025 Ana Filipa NEVES, Carlos NOLASCO https://revistas.rcaap.pt/juridica/article/view/38225 Harmonisation of contract law in the EU: Analysis of the process and its impact on the legal system of the Member States 2024-11-20T11:37:00+00:00 Viktoriia ANATIICHUK viktoriia_anatiichuk@sci-univ.com Iryna BANASEVYCH iryna.banasevych@pnu.edu.ua Ruslana HEINTS ruslana.heints@pnu.edu.ua Uliana GRYSHKO uliana.hryshko@pnu.edu.ua <p>The problem of differences between national legal systems in the global context necessitates the creation of new methods of harmonisation and unification of legislation, especially in light of the accelerating globalisation processes. In the context of global and European integration, it is becoming increasingly important to promote the diversity of jurisdictions and provide answers to the main questions regarding the development of uniform contract law to preserve the role of law as a regulator of social relations at the supranational level. The following methods were used in the study: legal modelling, inductive, deductive, dialectical, formal-logical, and synergistic, as well as methods of analysis and synthesis. The purpose of the article is to analyse the process of harmonisation of contract law in the European Union and to determine its impact on the legal system of the Member States.</p> 2025-01-21T00:00:00+00:00 Copyright (c) 2025 Viktoriia ANATIICHUK, Iryna BANASEVYCH, Ruslana HEINTS, Uliana GRYSHKO https://revistas.rcaap.pt/juridica/article/view/39932 The attachment of a vehicle with retention of title in favour of the creditor 2025-01-17T18:52:27+00:00 Maria José Magalhães SILVA mjsmagalhaes@sapo.pt <p>In the context of the motor trade, the nature and function of retention of title has given rise to lively debate and dissenting decisions in case law and doctrine. The most debated points relate, on the one hand, to the possibility of the retention of title being agreed in favour of a third party, usually the funding entity, either <em>ab initio</em> or as a result of the transfer of the legal position of the seller, and, on the other hand, to the nomination to seizure of the vehicle object of the legal transaction in which the retention of title has been stipulated. In this paper, we will approach the subject from two premises:</p> <ul> <li class="show">Reservation of ownership stipulated in a vehicle sale contract in favour of the seller, who is simultaneously the funding entity, though also referring to the possibility of transferring the position of the seller to the funding entity; and</li> <li class="show">The option to enforce the contract by attachment of the vehicle itself or by attachment of the debtor's acquisition expectation.</li> </ul> <p>The text develops to the issue of registering the attachment (whether of the vehicle or of the acquisition expectation), addressing different possibilities for the decision of the Registrar and for the nature of the registration to be made, with reference also to IRN doctrine on the matter.</p> 2025-01-24T00:00:00+00:00 Copyright (c) 2025 Maria José Magalhães SILVA https://revistas.rcaap.pt/juridica/article/view/38932 The exemptions on the income obtained by Portuguese local governments 2025-02-27T15:32:38+00:00 Daniel Taborda danieltaborda@fe.uc.pt Nuno Lemos Jorge nuno.m.jorge@juizes-csm.org.pt <p>Based on legal decisions relating to the tax exemption of a local government association in particular, the paper seeks to define the perimeter of the tax exemption, describe its main characteristics and analyze the legal nature of the local government associations in general. The purpose of the paper is to contribute to the improvement of the current income taxation of the local government associations, avoiding future legal disputes.</p> 2025-03-03T00:00:00+00:00 Copyright (c) 2025 Daniel Taborda, Nuno Lemos Jorge https://revistas.rcaap.pt/juridica/article/view/40085 Unified Patent Court: New paths for patent protection in Europe 2025-02-25T13:16:46+00:00 Eugénio LUCAS eugenio.lucas@ipleiria.pt <p>The recent entry into operation of the Unified Patent Court finally responds to the need for effective judicial control of the European patent and the European patent with unitary effect. This article presents the path leading up to the creation of the Unified Patent Court, as well as its structure and competences. Recent cases ruled by the Unified Patent Court are also analyzed, particularly regarding patent validation and revocation, forum shopping, interpretation of the patent claim and consequent assessment of patentability. Given the existence of some common aspects between the “United States Court of Appeals for the Federal Circuit” and the Unified Patent Court, some legal issues common to these two patent courts will also be analyzed.</p> 2025-04-22T00:00:00+01:00 Copyright (c) 2025 Eugénio Lucas https://revistas.rcaap.pt/juridica/article/view/39893 The Role of Big Data Analytics in the Investigation of Corruption Offences 2025-02-25T10:39:57+00:00 Anastasiia Chystiakova anastasiya.spaska@gmail.com Kostiantyn Podliehaiev kmar.design22@gmail.com Oleg Khoronovskyi olegseremet45@gmail.com Tetiana Sokur tanya.val1505@gmail.com Ivan Kubariev educ660u@gmail.com <p>The article deals with the integration of big data (BD) analytics in the investigation of corruption offenses and assesses its potential to detect complex criminal schemes. The use of large data volumes, such as financial transactions, communication patterns, and public records, significantly improves the effectiveness of investigations. Data analysis makes it possible to reveal hidden connections and anomalies, which provides new tools for the fight against corruption. The article combines legal analysis with technological innovation and explores the legal and ethical issues that arise when using such technologies. It focuses on how BD can be integrated into the legal process within existing legal systems. The academic novelty is the study of the changes that BD analytics bring to the corruption investigation practices. The study also identifies data protection and compliance challenges that require the creation of an appropriate legal framework and the development of specialized skills.</p> 2025-04-07T00:00:00+01:00 Copyright (c) 2025 Anastasiia Chystiakova, Kostiantyn Podliehaiev, Oleg Khoronovskyi, Tetiana Sokur, Ivan Kubariev https://revistas.rcaap.pt/juridica/article/view/39913 Relevant criminal culpability action and reflex actions 2025-03-12T08:13:37+00:00 Joaquim RAMALHO ramalho.js@gmail.com <p>The relevant criminal culpability action corresponds to the first element of valuation in the context of imputing the crime to the agent. In Criminal Law, not all human behaviors are relevant to criminal imputation, even in situations of violation of norms protected by the legal order, and it is necessary, in addition to the violation of an objective legal duty, to establish the subjective link between the agent and the act carried out, of conscious actions that can be controlled by the will. In this way, the main goal of this investigation aims to bring the contributions from the areas of neuroscience, to clarify the automatic and innate mechanisms of human behavior carried out in reflex actions and their consequent exclusion from criminal attribution.</p> 2025-04-07T00:00:00+01:00 Copyright (c) 2025 Joaquim Ramalho https://revistas.rcaap.pt/juridica/article/view/40376 Armed activities on the territory of the Congo before the Arusha Court or the delicate question of Rwanda’s international responsibility in the armed conflict in the Democratic Republic of Congo 2025-04-03T14:51:19+01:00 Catherine Maia catherine.maia@ulusofona.pt Aklesso Jacques AKPE akpejacques@yahoo.fr <p>On 21 August 2023, the DRC filed an application against Rwanda with the African Court on Human and Peoples’ Rights, marking the first inter-State case before the court. The DRC accuses Rwanda of massive violations of human rights and international humanitarian law, including by supporting the M23 rebel group. This conflict, rooted in ethnic and geopolitical tensions, is part of a long series of disputes involving the two states. In the absence of a binding decision by the International Court of Justice on this issue, the African Court will have to rule on Rwanda’s responsibility and its compliance with the prohibition on the use of force. Its judgment could set a precedent and redefine regional dynamics in terms of peace and security.</p> 2025-04-08T00:00:00+01:00 Copyright (c) 2025 Catherine Maia https://revistas.rcaap.pt/juridica/article/view/39877 The plurality of blocks in a condominium and the condominium owners' diligence towards the builder 2025-01-10T20:23:36+00:00 Gil MOREIRA DOS SANTOS gilmoreiradossantos@mail.telepac.pt <p>On the subject of a judgment - Pº 24620/15.1T9PRT- P1 of the 5th Chamber of the Court of Appeal of Porto, dated 08.04.2024 - in which the institutions of the forfeiture of the notice of defects in a construction contract relating to a condominium of four blocks, to be built in several phases, were discussed.</p> 2025-01-14T00:00:00+00:00 Copyright (c) 2025 Gil MOREIRA DOS SANTOS https://revistas.rcaap.pt/juridica/article/view/39944 A realidade simbólica no caso Makyouf e Damyanovic c. Bósnia e Herzegovina: 2025-02-05T10:02:40+00:00 Jeovet Baca Virginia jeovetb@outlook.com <p>A minha reflexão terá como base o voto apresentado pelo Juiz Paulo Pinto de Albuquerque com a adesão do Juiz Vučinić no caso de Maktouf e Damianović v. Bósnia e Herzegovina, onde abordo os seguintes pontos: 1- O problema da discriminação de criminosos de etnias minoritárias durante as guerras - Um problema de justiça e moralidade na realidade simbólica; 2 – Análise da realidade da Bósnia e Herzegovina em tempos de paz – O Restabelecimento da Justiça; 3 – Uma apreciação sobre a decisão do Tribunal Europeu dos Direitos Humanos no caso de Marktouf e Damianović - Justiça aos criminosos de guerra em tempos de paz; 4 – Uma reflexão sobre a intervenção do Juiz Paulo Pinto de Albuquerque com a adesão do Juiz Vučinić - A moralidade nos direitos humanos.</p> <p>O método usado para esta análise é dedutivo, com base nas análises das doutrinas, artigos e diversos livros sobre a filosofia do direito e o problema da ética dos juízes na aplicação das leis.</p> 2025-04-08T00:00:00+01:00 Copyright (c) 2025 Jeovet Baca Virginia