Public Policy and Private International Law - Portugal

Public Policy and Private International Law, edited by Olaf Meyer, Edward Elgar Publishing Ltd (Forthcoming)

26 Pages Posted: 28 Jan 2020

See all articles by Luís de Lima Pinheiro

Luís de Lima Pinheiro

University of Lisbon - Faculdade de Direito

Date Written: January 2, 2020

Abstract

The present report is aimed at describing the concept, legal framework, and features of the public policy clause in the Portuguese legal order, and at giving an account of the main applications of this clause in modern Portuguese case law and literature (marriage, children, custodianship, succession, contract, non-contractual obligations, property, intellectual property, and corporate).

The report deals mainly with choice of law, but reference is also made to the recognition of foreign judgments, since the public policy features and applications are to a large extent common in both contexts.

Portuguese courts tend to respect the exceptionality of the public policy clause. In recent case law, only a few judgments have deviated from this guideline, namely concerning the right of some heirs to a legal portion of the estate. In the vast majority of situations, the arguments based upon international public policy considerations were not accepted by the courts.

Keywords: Public Policy, Substantive validity of marriage, Same sex marriage, Parental responsibility, Repudiation, International succession, Abnormal change of circumstances, Punitive damages,Confiscation, Moral rights of author, Piercing the corporate veil

JEL Classification: K30, K33

Suggested Citation

Pinheiro, Luís de Lima, Public Policy and Private International Law - Portugal (January 2, 2020). Public Policy and Private International Law, edited by Olaf Meyer, Edward Elgar Publishing Ltd (Forthcoming). Available at SSRN: https://ssrn.com/abstract=3512962 or http://dx.doi.org/10.2139/ssrn.3512962

Luís de Lima Pinheiro (Contact Author)

University of Lisbon - Faculdade de Direito ( email )

Alameda da Universidade, Cidade Universitária
Lisboa, 1649-014
Portugal

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