Scientific Process

CIDP was created with the purpose of studying all Portuguese and European Private Law, in a transversal and integrated way. Being a research centre dedicated to the study of Private Law in general, the research projects developed by CIDP may address any scientific problems within private law, preferably within the research lines chosen for the period 2018-2022. [nota: link para as linhas temáticas]

 

Researchers may, jointly or autonomously, propose certain research projects that they consider to be of special scientific and social interest. Those projects are then presented for approval to both the Scientific Coordinator and the Scientific Committee. For this approval process, the following factors must be taken into account: the scientific and methodological quality of the project, its scientific and social impact, its adequacy to research lines and its alignment with public and CIDP’s own funds and that may be assigned to the project.

 

The execution of the approved research projects will be ruled by the following principles:

 

Scientific and methodological autonomy and independence:

The coordinator of the project should, along with the project’s researchers, organize the project in a way that is most appropriate for the scientific purposes pursued. The sources of funding for CIDP, which may come either from national or foreign entities, and either from the public sector or from the private sector, do not condition or compromise, under any circumstances, the independence of researchers or the scientific integrity of results.

 

Accountability

The project’s investigators are hold accountable towards the Scientific Coordinator and their peers, for their execution and the results achieved.

 

Data collection

All data collected and produced during the project’s execution should be stored, catalogued and inserted in the CIDP’s internal data basis, allowing a funded confrontation of the conclusions reached. In the data processing, CIDP guarantees the fulfilment of the highest standards of ethics and legality, especially if personal data or copyright are at stake.

 

Internal diffusion

The disclosure of research results, especially in national and international peer reviews, should be preceded by their presentation at bimonthly meetings held by the various sections. So, it is encouraged the disclosure of interim results in order to ensure the quality of the results and also to enable the collaboration of all researchers.

 

Integration of young researchers

It is encouraged the active collaboration – and not merely informal collaboration – of the young researchers, in order to enable them to became authors or co-authors of the projects to be carried out.

 

Exchange

The research activity seeks to integrate national and foreign researchers from other R&D Institutions, in particular R&D Institutions with which CIDP has concluded research collaborations and protocols. Research activity seeks as well to integrate and collaborate with leading personalities within the scientific and social sphere so that they can contribute to the results of the research or which can, within the framework of a scientific dialogue, scrutinize those results.

 

Interdisciplinary

The articulation between research projects and the constitution of teams of researchers with diverse interests and specialties is enhanced in order to promote interdisciplinary research.

 

Applied investigation

CIDP seeks a permanent articulation with agents of the legal practice, in order to identify practical questions that, at any moment, demand the study of Legal Science. This balance is needed to stimulate young scientific research and to bring CIDP activity closer to the community in which it operates.

 

Open Science

The results should be, whenever possible, made available to the academic community for free.

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Thematic Lines

The CIDP decided to focus its activity for the period 2018-2022 on three research thematic lines, which will serve as a basis for the research projects in which teams of researchers from all sections of CIDP participate in an articulated manner:

Private Law in the Digital Era
Coordination Dário Moura Vicente

PRESENTATION

The advent of the Digital Era changed the social, economic and legal structures.

The contemporary panorama demands, from the Law, a privileged attention to problems until now unknown or still little studied.

Among them, the social relevance of personal data raises new questions in the field of personality rights, automation and artificial intelligence require that civil liability mechanisms be redesigned and the development of e-commerce requires the study of the rights of online consumers.

This new reality extends to the financial field, with a direct impact on investor rights and corporate financing models.

Transformations also operate in the field of procedural law, with a clear focus on the so-called Alternative Dispute Resolution (ADR) methods, such as mediation, conciliation and arbitration, regarding the Directive 2013/11/EU, of 21st of May, which regulates the alternative resolution of consumer disputes.

 

Among the various issues to be analysed within this thematic area the following arise:

 

  • What is the impact of the automation process on the concept of legal personality, given its ontological roots?
  • How can the theory of will be squared with the emergence of artificial intelligence, in the fields of both contracts and civil liability?
  • Is the right to informational self-determination a actual personalty right?
  • How to articulate the principle of exclusivity of financial activities – according to which only duly authorized entities can carry out financial activities – with the growth of investment and robo-advisor platforms and the emergence of new mechanisms of online investment (e.g. crowdfunding)?

 

 

COURSES OF ACTION

Within this research thematic line, CIDP chooses the following courses of action:

 

Publications

Papers will be published in peer-reviewed journals about Private Law in the Digital Era: among them, articles on The new frontiers of legal personality; Mediation in electronic commerce; Insurtech developments; The right to informational self-determination as a right of personality; and Notes on the financing startups and their regulation.

 

Conferences

The I Crowdfunding Conference – Collaborative Finance through Capital and Loans was held on the 8th of May of 2018, in collaboration with the Portuguese Securities Market Comission (CMVM) [note: hyperlink to this event, which also appears on one of the course tabs]. Conferences on Online Dispute Resolution (in the 1st semester of 2020) and on The Legal Challenges of the Fourth Industrial Revolution (in the 2nd semester of 2021) are also scheduled.

 

Courses 

In the academic year 2018/2019, several courses will be held within this research line:

The Socialisation of Private Law
Coordination Januário da Costa Gomes

PRESENTATION

After clarifying the origins and foundations that led to the inclusion in the Portuguese Civil Code of a general principle of protection of the weaker party, CIDP proposes to look into the meaning of this principle, its wider application and the feasibility of conserving it in the 21st century.

This research has a double dimension: scientific research and legislative proposals and drafts.

Among the issues to be addressedthe following should be highlighted:

  • Is the increasing involvement of the State in private relations, through supervisory authorities, a manifestation of the principle of socialisation or a factor stemming from distinct social and legal grounds?
  • Are investors in financial products, namely the retail investors, consumers according to consumer protection laws?
  • It should also be analysed the sufficiency of the informational model of consumer protection and must be revisited the Labor Law principle of subordination of the employee to the employer, the right to work (direito de ocupação efetiva), the determination of place of work and working hours before the challenges posed by the Fourth Industrial Revolution.

 

 

COURSES OF ACTION

Within this research line, CIDP highlights the following courses of action:

 

Publications

Articles will be published in peer-reviewed journals that address the subject of the Socialisation of Private Law: among them we find articles on digital content contracts: Do digital consumers need a special protection?; The (new) paradigm of the legal subordination in the technology age; and Undue influence in Portuguese Lusophone Law.

 

Conferences

It is planned to take place the following national conferences: The Challenges of the Single Digital Market (2nd semester of 2018); and Consumer protection in the Sharing Economy (2nd semester of 2019).

 

Courses

In the academic year 2018/2019, several courses will be held within this research line:

The Modernisation of Corporate Law
Coordination Pedro de Albuquerque

PRESENTATION

 The years ahead will be see a deep-reaching reform of Company Law.

Internally, Portugal is putting the final touches to transposition of the Shareholder Rights Directive and starting a new regime with MiFID II. At European level, new legislation is foreseen on the use of online tools in the life of companies, transnational mobility for companies and standardisation of the law governing disputes. From a more economic standpoint, implementation of Programa Capitalizar and Compete 2020, as part of Portugal 2020, also presuppose changes to the rules of Company Law.

In addition to the scientific research required, in particular to provide the scientific framework for the new concepts enshrined in future legislation, there is also a need to collaborate with the legislative process and to disseminate the solutions designed.

 

The various issues demanding attention in this field include:

  • Will the Shareholder Rights Directive be able to achieve its aim of involving shareholders in corporate governance?
  • Will the duties imposed by MiFID II on financial intermediaries constitute an obstacle to their business activities?
  • Will these reforms ensure that SMEs have access to the capital markets, reducing their indebtedness and, in particular, their dependence on bank borrowing?

 

 

 

 

COURSES OF ACTION

Within this research line, CIDP chooses the following courses of action:

 

Publications

Articles will be published in peer-reviewed journals that address the subject of the Modernisation of Corporate Law: among these, it is worth highlighting The Emperor's New Clothes: the Dawn of the Age of Transparency for Public and Listed Companies in European Union Law, as well as The suitability rule in financial intermediation according to MiFID II.

 

Conferences

Among others, the international conference The Future of European Company Law will be held (2nd semester of 2020).

 

Courses

In the academic year 2018/2019, several courses will be held within this research line: