Revista Red

Revista Red

2018

ISSN 2182-9845
2018 N.º 3
Editorial
Laurinda Vitória Gemas

The amendment of the Portuguese Civil Procedure Code

2018 N.º 3
Landlords and squatters: neither victims nor executioners? Context and outline of the Spanish reform on eviction of illegal occupiers
Miriam Anderson
Squatters; eviction; civil procedure; criminal offence; housing; illegal occupation.

In the aftermath of the Spanish property crash, and to an extent as a side effect thereof, a large number of dwellings remain empty. On the other hand, there is a need for affordable housing that social programmes are unable to cover. This, together with the (timeless) occupation of properties for criminal purposes, and social, cultural or environmental squatting, has led to a huge variety in the type of squatters, including organised groups that take possession of dwellings with the aim of letting them to people in need. 

2018 N.º 3
Contracts ex machina: brief notes about the introductions of Blockchain technology and Smart Contracts
Delber Pinto Gomes
Smart Contracts; Blockchain; Financial Sector; Fintech; Contract Law; Commerce.

Given the forthcoming advent of new and challenging figures coming from the technological advances of our time, we seek to address in our essay the Smart Contracts, covering the historical and legal framework underpinning them and the possible implementations and impacts of this new technological model in various fields, with particular emphasis on the financial sector. 

2018 N.º 3
Open Internet Access (EU) 2015/2120 Regulation: the relevance of net neutrality, main concepts and the importance of BEREC guidelines in its application
Alberto Hidalgo Cerezo
Net neutrality; EU 2015/2120 Regulation; BEREC; Guidelines; Open Internet; Digital Rights.

Net neutrality debate has been gaining momentum over the years, particularly, since the beginning of this decade. As a result, policymakers have taken over this matter in very different approaches. As for today, United States of America has opted for a non-neutral internet, while European Union, India, and some South American countries (mainly Chile in 2011 and Brazil in 2014) are enforcing net neutrality by law. The digital revolution and the development of the internet, now crucial of our society, economy, and daily lives, has been raised in its natural context of neutrality. 

2018 N.º 3
The principle of disciplinary coherence in Labour Law
Inês Neves
Principle of disciplinary coherence; Employees’ rights; Disciplinary authority; Disciplinary procedure; Discretion; Equal treatment.

Our work intends to be a precise and succinct explanation of the principle of disciplinary coherence in Labour Law. After presenting the framework of the problematic, which calls for the elaboration of the principle on a case by case basis, we carefully analyse the jurisprudence of our Courts, seeking to smooth the edges of the so-called “coherence or equal disciplinary treatment”, through the characterization of this principle, as an instrument of great value for the understanding of the concept of just cause of dismissal and for the principles of equality and proportionality, which should guide the labour disciplinary procedure.

2018 N.º 3
Fashion and 3D Printing: a new paradigm?
Maria Victória Rocha
Fashion Law; Copyright; Industrial Property Rights; Unfair Competition; Piracy; 3D Printing.

Fashion articles are largely copied by knockoffs and make alike industries, leading fashion originals industry to lose money. The fashion industry is constantly adapting itself to imitation and piracy. Copy affects high fashion industries. Fast fashion companies that make knockoffs, even before the original designs are sold, are most benefited by the practice, often hurting small highly qualified designers that don’t have ways to react. 

2018 N.º 3
The removal “without fair cause” of directors of companies in the light of the Angolan Law: in particular, the compensation
Manuel Tomás Alexandre Diogo Tchakamba
Removal/dismissal without (fair) cause; compensation; directors; companies; Angolan legal system.

This paper discusses the problem of the removal without fair cause of directors of companies, in the light of the Angolan legal system. Aiming to strengthen the study, the subject-matter is approached from a comparative law perspective, taking particularly into account Portuguese-speaking legal systems, amongst others, widely considered to be relevant in European law. 

2018 N.º 3
Distinctive brand function: enlargement or reduction of its meaning?
Salomão António Muressama Viagem
Function; distinctive; mark; enlargement; reduction; meaning.

One of the unquestionable issues of trademark law is that relating to "trademark functions", which is studied both from a socio-economic perspective and from a legal point of view. Although the theme is not current, for Mozambique, an emerging country in the field of Industrial Property and of course in Trademark Law, its study is still necessary. Here, only the legal functions of trademarks, which have long been discussed, will be examined; three main functions have hitherto been identified, namely: distinctive function, guarantee function or quality, and attractive or advertising function. 

2018 N.º 3
Book review: AA.VV., The impact of the mortgage credit Directive in Europe: Contrasting views from Member States, edited by Miriam Anderson and Esther Arroyo Amayuelas, Amsterdam, Europa Law Publishing, 2018, 460 pp.
Isabel Menéres Campos
Directive 2014/17; mortgage credit; responsible lending; consumer protection.

Book review: AA.VV., The impact of the mortgage credit Directive in Europe: Contrasting views from Member States, edited by Miriam Anderson and Esther Arroyo Amayuelas, Amsterdam, Europa Law Publishing, 2018, 460 pp.