YEAR 2016 N.º 3
Francisco Liberal Fernandes
O futuro do direito do trabalho e a garantia da justiça social
Tema transversal (e altamente especulativo) da doutrina juslaboralista actual, a discussão sobre futuro do direito do trabalho move-se entre uma realidade e uma incerteza.
A realidade tem ganho corpo através da rapidez com que se criam novas condições de produção e de trabalho, as quais originam, numa formulação geral, uma modelação da relação laboral fora dos esquemas formais correntes e uma mobilidade espácio-temporal que ultrapassam a prática até agora adoptada.
companies in a group or controlling relationship; public procurement; principle of competition; exclusion of proposals; irrebuttable presumption; coordination of evidence.
The proliferation of economic groups, greater or smaller, under various forms, is a phenomenon which, although not new, is gradually raising an endless number of legal issues. The company is now a block structure and not an isolated thing. This study seeks to address the issue of two or more companies that are in a group or controlling relationship could participate in the same adjudicative procedure, without this might undermine one of the basic principles of public procurement law: the principle of competition, question that has not obtained, by the courts, an answer an unequivocal answer.
Fernando Carbajo Cascón
Standard Essential Patents (SEP); Antitrust Law; Intellectual Property; Licenses fair; reasonable and non discriminatory (FRAND); Patent Ambush; Patent Hold-Up.
Technological standards can provide substantial advantages for industrial and economic development, while significant risks to competition. Especially when some holders of essential patents leverage to deploy oriented to demand higher royalties, under the threat of not granting license and exercise injunctions for patents infringements. FRAND policies developed by the standards organizations are not effective in themselves to overcome this situation, being necessary competition law to prevent and punish improper behaviour of the companies involved in the standard that putting at risk competition in the market.
Raquel Sofia Ribeiro de Lima
Electronic Payments Instrument; Framework Contract for Payment Services; Internet; Homebankig; Fraud; Allocation of losses.
The issue of online payments fraud, in many cases, continues to be the main obstacle when making purchases on the internet. The fraudulent use of payment instruments, and the consequent allocation of losses, is the subject that creates more litigation between the user of the instrument and the provider of the said service, which, in the last years, has led to many of this issues being settled in Court. With this paper we aim to explore the contract that allows the use of electronic payments instruments, as well as the fraud and allocation of losses between the parties, essentially analyzing the solutions provided by the Payment Services, introduced in our national legal system by the Decree-Law nº 317/2009, 30th of October, taking into consideration some of the jurisprudence that has been published about the subject. Finally, we will highlight some of the predicted changes of the New Payment Services Directive.
Luca Nogler /António Monteiro Fernandes (tradutor)
Contract of employment; work organisation; subordination; employer's powers.
Taking the post-fordism as starting point, the author argues that the subject-matter of the work contract consists of hetero-organised collaboration by the worker. Therefore the worker has not only the obligation to perform his job but also to make his job organizable by the employer. Being the worker a part of the individual relationship with the employer and a member of a trade union, he is necessarily part of a third dimension that links him to the other workers of the employer. This third dimension does not affect the employer but only those workers who are part of his organization.
Jorge Silva Paulo
maritime authority; port authority; internal security; maritime police; Navy; public policy.
This paper concurs to the institutional history of the public policy of Maritime Authority. The study centered on the emblematic administrative official of “harbor captain”, created by law in 1839; and investigated its legal evolution up to the first Constitutional Amendment (1982), which determined that the Maritime Authority would leave the Navy. The paper describes the evolution of the legal powers of the harbor captain in rescue, lighthouses and buoys, harbor pilots, registry offices for maritime personnel and ships, regulation of maritime professions, and the Maritime Police, created in 1919 as the “operational arm” of the harbor captain.