Revista Jurídica Portucalense

The plurality of blocks in a condominium and the condominium owners' diligence towards the builder

Gil MOREIRA DOS SANTOS — 2025-01-14

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.

A realidade simbólica no caso Makyouf e Damyanovic c. Bósnia e Herzegovina:

Jeovet Baca Virginia — 2025-04-08

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.

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.

Analysing the effectiveness of migrants’ protection and integration through the applicability of the European Union’s directive on long-term residents

Ana Filipa NEVES — 2025-01-14

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.

Harmonisation of contract law in the EU: Analysis of the process and its impact on the legal system of the Member States

Viktoriia ANATIICHUK — 2025-01-21

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.

The attachment of a vehicle with retention of title in favour of the creditor

Maria José Magalhães SILVA — 2025-01-24

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 ab initio 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:

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
The option to enforce the contract by attachment of the vehicle itself or by attachment of the debtor's acquisition expectation.

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.

The exemptions on the income obtained by Portuguese local governments

Daniel Taborda — 2025-03-03

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.

Tribunal Unificado de Patentes: Novos caminhos para a proteção de patentes na Europa

Eugénio Lucas — 2025-03-10

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.

The Role of Big Data Analytics in the Investigation of Corruption Offences

Anastasiia Chystiakova — 2025-04-07

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.

A ação jurídico-penalmente relevante e os atos reflexos

Joaquim Ramalho — 2025-04-07

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.

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

Catherine Maia — 2025-04-08

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.