Welcome to the Lisbon Centre for Research in Private Law – CIDP

CIDP traces its origins back to the Centre for Studies on Civil Law, founded by Professor Inocêncio Galvão Telles in the beginning of the 1970’s in the past century.

Back then, the Center was already geared towards scientific dissemination, with the unprecedented publication of the preparatory works of Book V (Law of Successions) of the Civil Code.

CIDP is the heir of some of the greatest masters in Private Law of the University of Lisbon School of Law: Professors Castro Mendes, Paulo Cunha, Galvão Telles, Fernando Olavo, Magalhães Colaço and Oliveira Ascensão.

In 2014, the Center was rebranded as a research and development unit, acting with scientific and administrative autonomy as a non-personalized unit of the Institute of Private Law (IDP) that operates in University of Lisbon School of Law, its host institution.

This date marks the upturn of an institution with more than half century of existence. Without breaking its links to the past and in the path of continuity with its founding tradition, the CIDP has, since 2014, pertained to respond to the current concerns of the legal community and is established as a present and active agent of the legal research in Portugal.

CIDP aims to study, in a transversal and integrated manner, the Portuguese and European Private Law devoting its resources to research projects in a plurality of topics of Private Law. It is noticeable the intensification of its role in the education and disclosure of scientific knowledge in all quadrants of the legal community.

Furthermore, CIDP has promoted the integration of a growing number of researchers in research projects and has observed an increased professionalization of its activity, promoting research linked to experience and applied to legal practice and fostering the collaboration with other national and foreign research centers of reference.

Today, CIDP is known as a research and development unit with undisputed merit, financially independent and sustainable. There is a noticeable growing demand for programmes organised by CIDP amongst the legal community.

In this website, constantly updated, you will find relevant data on the history, research activity, team of researchers, publications, programmes and other activities of CIDP.

Keeping in mind the role of CIDP in the creation and disclosure of legal knowledge, we extend to all our visitors, to all those who with us intend to collaborate and who show interest in the activity of CIDP, our warmest welcome.

CIDP’s activities are coordinated by a Scientific Coordinator, who is assisted by a Scientific Board and an Executive Board, and who is responsible, under the Regulation of CIDP, among other competences, to manage CIDP's daily activities; to approve and enforce internal procedures on the allocation and use of funds; and to assist those in charge of CIDP's different activities in executing them (in particular, organising events, publishing scientific results and storing and managing the data collected).

The Scientific Coordinator of CIDP is Professor António Menezes Cordeiro.

CIDP’s research in Private Law has been structured in four sections, each of which has its own coordinator. CIDP's researchers belong to different sections depending on the areas on which their academic research is focused (and some belong to more than one section). This division into sections is designed to foster closer coordination between researchers with shared scientific interests, so as to exploit potential synergies.

• Civil and Consumer law

    Coordinator: Professor Luís Menezes Leitão

• Labor Law

    Coordinator: Professor Pedro Romano Martinez

• Procedural and Arbitration Law

    Coordinator: Professor Miguel Teixeira de Sousa

• Commercial, Company and Securities Law

    Coordinator: Professor António Menezes Cordeiro

CIDP also comprises an External Advisory Committee, which is responsible for monitoring the functioning and analyzing the fulfillment of the objectives proposed by the CIDP program, making the recommendations it deems appropriate and issuing an annual report and opinion evaluating CIDP’s activity.

The External Advisory Committee has the following composition:

Chapter I - Nature, duration and location

Article 1 (Nature and Name)

The Private Law Institute – IDP (hereinafter IDP) is a non-profit cultural association.

Article 2 (Duration)

The IDP is constituted for an indefinite period.

Article 3 (Headquarters and Delegations)

1. The IDP has its headquarters in the University of Lisbon School of Law, in Alameda da Universidade, Cidade Universitária, in Lisbon, Portugal.
2. The IDP can create delegations or other forms of local representation in national or foreign territory, given that they are adequate to its activity.

Chapter II - Purpose and competences

Article 4 (Purpose)

1. The IDP pursues the following purposes:
   1. To promote the research and dissemination of Legal Science;
   2. To promote, organise and set up, internally and internationally, congresses, lectures, roundtables and similar events;
   3. To promote, organise and set up post-graduate courses, intensive and short-duration courses, research courses, training sessions, update courses and similar initiatives;
   4. To support, in all regards, the Lisbon Centre for Research in Private Law – CIP and, in general, the University of Lisbon School of Law;
   5. To grant research and teaching scholarships and offer general support to teaching staff and researchers of the University of Lisbon School of Law and other public entities associated therewith;
   6. To collect public and private funding, negotiate and conclude sponsoring and advertisement contracts or others similar thereto;
   7. To publish, directly or through another publisher, reviews, books and any other publications, either in traditional or electronic format, concluding the necessary contracts and receiving the relevant copyrights;
   8. To set up and manage scientific, technical or correspondent data bases;
   9. To set up and manage scientific and technical libraries;
   10. To acquire, through lease, purchase, donation or any other way, adequate facilities for its operations;
   11. To support lusophone and international cooperation, concluding any necessary and convenient agreements, in Portugal or abroad;
   12. To federate or associate with similar or foreign institutions;
   13. To draft legal opinions, legislative projects, models for court documents and judicial decisions and similar documents;
   14. To organise and monitor an Arbitration Centre;
   15. To practice, in general, all acts that are necessary or convenient to the investigation and dissemination of Legal Science.

Article 5 (Other Competences)

1. In the pursuit of its purpose, the IDP has the following additional competences:
   1. Set up prizes and promote competitions destined to foster the study and dissemination of Legal Science;
   2. Organise programmes for internships in law firms, companies, public services and other organisations;
   3. Sponsor scientific, pedagogical or technical initiatives of recognised standing;
   4. The IDP can incorporate as a managing entity of one or more research centres of its scientific area.

Chapter III - Associates

Article 6 (Classes of Members)

1. The status of effective members is granted to natural or legal persons who subscribe to these statutes or that are admitted by the IDP.
2. The status of honorary members can be granted on natural or legal persons that, in the context of their activity, actively and relevantly contribute to the pursuit of the IDP’s purposes.

Article 7 (Founding Members and Honorary Members)

1. All teaching staff and students of the University of Lisbon School of Law can become founding members, as long as they declare such intent up to 31 January 2015.
2. The status of honorary members is granted through a resolution of the General Meeting, preceded by a favourable opinion issued by the Scientific Board.

Article 8 (Rights of Members)

1. All members have the following rights:
   1. Participate and vote in general meetings;
   2. Propose the admission of new members, effective and honorary alike;
   3. Draft and submit to the bodies of the IDP any proposals considered pertinent;
   4. Access the Documentation Centre, the Library and the Data Base of the IDP, in terms further defined in internal regulation;
   5. Benefit from any waivers, discounts or other benefits when signing up for initiatives promoted by the IDP and in the acquisition of any IDP publications.
   6. Effective members have a right to submit their application, or promote the application of other effective members, to any of the IDP’s bodies.
   7. Honorary members are not required to pay any entry fees, regular fees or any other contributions.

Article 9 (Duties of Members)

1. All members have the following duties:
   1. Contribute to the pursuit of the IDP’s purpose;
   2. Comply with the provisions of these Statutes;
   3. Comply with all legitimate decisions taken by the IDP’s bodies;
   4. The effective members have the duty to pay entry fees, regular fees and any other contributions approved by the General Meeting.

Article 10 (Termination of Membership)

1. The status of member is terminated:
   1. Through a written resignation notified to the Board of Directors by the member;
   2. Through exclusion decided upon by the General Meeting.
   3. A member can be excluded on the following grounds:
   4. Forfeiture of payment of entry fees, regular fees or of any other contributions approved by the General Meeting for more than two years;
   5. Serious and repeated breach of the duties foreseen in these Statutes;
   6. Adoption of any conduct that affect the reputation, the prestige and credit of the IDP.
   7. The exclusion of a member is preceded by a reasoned proposal from the Board of Directors or from, at least, a third of associated, and by the right to a previous hearing and written defence before the Board of the General Meeting.
   8. The exclusion of a member can only be decided upon if in the General Meeting a minimum number of at least half of the members is present and if the exclusion proposal is voted upon favourably by, at least, two-thirds of the present members.

Chapter IV - Bodies

Section I - General Provisions

Article 11 (Bodies)

The bodies of the IDP are:

1. The General Meeting;
2. The Board of Directors;
3. The Board of Supervisors;
4. The Scientific Board.

Article 12 (Term)

1. The term of the members elected for the IDP’s bodies and for the Board of the General Meeting lasts three years, being automatically extended until the appointment of any substitutes and being renewable.
2. The aforementioned appointments take place simultaneously.

Article 13 (Non-Remuneration)

1. The exercise of any functions in the IDP’s bodies is not remunerated, without prejudice of a decision of the General Meeting stating otherwise.
2. Any documented costs who are previously authorised by the Board of Directors and are undertaken on the service of the IDP are refundable thereby.

Section II - General Meeting

Article 14 (Composition)

The General Meeting is composed by all effective members.

Article 15 (Meetings)

1. The General Meeting shall meet once a year, until 1 March, in order to assess and approve the annual report, balance sheet and accounts of the elapsed fiscal year, as well as the budget and the activity programme for the next fiscal year.
2. The General Meeting may be extraordinarily convened by the Chairman of the Board of the General Meeting, by its own initiative or by request of the Board of Directors, the Board of Supervisors, the Scientific Board and, at least, a fifth of its members.
3. The General Meeting may be convened through electronic mail with receipt certificate, if the relevant members previously agree on such method.

Article 16 (Competence)

The General Meeting has the following competences:

1. Define the general orientations of IDP;
2. Appoint the Chairman and the Secretary of the Board of the General Meeting;
3. Appoint the members of the Board of Directors;
4. Appoint the members of the Board of Supervisors;
5. Appoint, on the proposal of the Board of Directors, persons of recognised scientific standing to the Scientific Board;
6. Dismiss the holders of the bodies of the IDP;
7. Admit honorary members, in accordance with Article 7 (2);
8. Exclude members, in accordance with Article 10;
9. Approve the annual report, balance sheet and accounts, subject to a favourable opinion of the Board of Supervisors;
10. Approve the annual budget, subject to favourable opinion of the Board of Supervisors;
11. Approve the annual activity plan, subject to favourable opinion of the Scientific Board;
12. Determine, on proposal of the Board of Directors, the amount of entry fees, regular fees or any other contributions from effective members;
13. Approve, on proposal of the Board of Directors, internal regulations necessary for the good functioning of the IDP;
14. Amend this charter, on proposal of the Board of Directors, or on proposal of a minimum of one-third of members;
15. Terminate the IDP;
16. Authorise the IDP to take legal action against the members of the Board of Directors, for any action performed within the exercise of their functions.

Article 17 (Decisions)

1. The General Meeting cannot meet and approve, on its first convening date, without the presence of a majority of its members.
2. Amendments to these Statutes may only be approved by a majority of the votes cast by at least three-quarters of the members present.
3. Without prejudice to Article 10 (3) and to the previous paragraph, the General Meeting decides by absolute majority of the votes cast by the members present.
4. The termination of the IDP must be approved by a majority of three-quarters of all members.
5. Resolutions concerning any specific person or persons are subject to secret vote.

Article 18 (Board of the General Meeting)

1. The General Meeting shall be headed by a Board composed by a Chairman, a First Secretary and a Deputy Secretary.
2. The First Secretary replaces the Chairman in his absence or impediment.
3. The members of the Board of the General Meeting are elected in a list that identifies the office that they run to.

Section III - Board of Directors

Article 19 (Composition)

1. The Board of Directors may be composed by a Chairman, a Deputy Chairman and three Board Members.
2. The Deputy Chairman replaces the Chairman in his absence or impediment.
3. The members of the Board of Directors are elected in a list that identifies the office that they run to.
4. The Chairman, the Deputy Chairman and one Board Member are chosen from among tenured teaching staff of the University of Lisbon School of Law.

Article 20 (Competence)

1. The Board of Directors has powers to represent and manage the IDP in all matters save for those assigned to other bodies.
2. The Board of Directors has the following competences:
   1. Coordinate the activities of the IDP;
   2. Request the convening of the General Meeting;
   3. Execute the resolutions of the General Meeting;
   4. Draft, submit to the opinion of the Board of Supervisors, and present the annual report, balance sheet and accounts to the General Meeting for approval;
   5. Draft, submit to the opinion of the Board of Supervisors, and present the annual budget to the General Meeting for approval;
   6. Draft, submit to the opinion of the Scientific Board, and present the activity plan to the General Meeting for approval;
   7. Propose to the General Meeting the names of persons of recognised standing to be invited to form part of the Scientific Board;
   8. Admit effective members;
   9. Submit a reasoned proposal to the General Meeting for the exclusion of members;
   10. Propose to the General Meeting the amount of the entrance fee, regular fees or any other contributions from members;
   11. Propose to the General Meeting the internal regulations necessary for the good functioning of the IDP;
   12. Propose to the General Meeting the amendment of these Statutes;
   13. Bind the IDP in compliance with its obligations and enter into sale agreements of IDP assets;
   14. Represent the IDP in and out of the court;
   15. Execute other functions deemed necessary and not assigned to any other bodies of the IDP.

Article 21 (Operation)

1. The Board of Directors shall meet with the presence of, at least, three of its members, such meetings being able to be conducted through audio or audio-visual means.
2. The Board of Directors decides by an absolute majority of the votes cast by the members present.
3. The Chairman of the Board of Directors has the casting vote.
4. The IDP is legally bound by the signature of two members of Board of Directors, one being the Chairman or, in his absence or impediment, the Deputy Chairman.
5. The Board of Directors may delegate its powers to any of its members.

Article 22 (Executive Competence)

The Chairman ensures the day-to-day functioning of the IDP and carries out the managerial duties conferred thereupon by the Board of Directors.

Section V - Board of Supervisors

Article 23 (Composition)

1. The Board of Supervisors is composed by a Chairman, a First Member and a Second Member.
2. The First Member replaces the Chairman in his absence or impediment.
3. The members of the Board of Supervisors are elected in a list that identifies the office that they run to.

Article 24 (Competence)

The Board of Supervisors shall:

1. Monitor and control the financial management of the IDP;
2. Issue an opinion on the annual report, balance sheet and accounts;
3. Issue an opinion on the annual budget;
4. Issue opinions on other financial matters, whenever requested by any other body of the IDP.

Article 25 (Meetings)

1. The Board of Supervisors meets ordinarily once a year to draft the opinion on the annual report, balance sheet and accounts and on the annual budget.
2. The Board of Supervisors meets extraordinarily when convened by the Chairman on his own initiative or on request of any other body of IDP.
3. The Board of Supervisors convenes with, at least two of its members.

Section VI - Scientific Board

Article 26 (Composition)

The Scientific Board is composed by personalities of recognised scientific standing in legal science or in any other scientific knowledge fields deemed relevant to the IDP.

Article 27 (Competence)

The Scientific Board shall:

1. Issue an opinion on the annual plan of activities;
2. Issue an opinion on the admission of honorary members;
3. Request the convening of a General Meeting;
4. Issue an opinion on any relevant issues concerning day-to-day operation of the IDP, on its own initiative or on request of the Board of Directors.

Article 28 (Meetings)

1. The Scientific Board shall meet ordinarily once every year to issue the opinion on the activity plan.
2. The Scientific Board meets extraordinarily when convened by any of its members.
3. The Scientific Board members may arrange to be replaced by alternates in case of absence or impediment.

Section III - Revenues and assets

Article 29 (Revenues)

The IDP’s revenues are:

1. entry fees, regular fees or of any other contributions;
2. subsidies and donations;
3. sponsorships;
4. the income of its activities and editorial activity;
5. the income of the services provided;
6. any other income arising form its own assets or that may be attributed by law or the Statutes.

Article 30 (Assets)

In case of termination, the remaining assets of the IDP assets shall revert to the University of Lisbon School of Law, with the associated duty to perform, wherever possible, the IDP’s purpose.

CIDP + CMVM   2018

The University of Lisbon School of Law (FDUL) and CIDP have signed a collaboration protocol with the portuguese Stock Market Comission (CMVM). This protocol aims to promote joint formative offers, participation in seminars and other technical-scientific events, as well as the access to CMVM’s official data and internships to LLM and PhD students. The signature of this new protocol took place on the fringe of the I Crowdfunding Seminar, jointly organized by CMVM, the University of Lisbon School of Law (FDUL) and CIDP, during which the future of capital collaborative funding and loan was discussed.

CIDP + GOVERNMENT OF THE PORTUGUESE REPUBLIC   2017

Study of legislative policy concerning the new regime applicable to adult’s legal incapacities. CIDP’s contribution substancialized in a Project of a Bill establishing the legal figure of the “maior acompanhado” (adult’s guardian) and suggests changes to portuguese Civil Code as well as to portuguese Civil Procedure Code. Moreover, this legislative reform proposal advocates the modernization of the legal incapacities regime, specially regarding its articulation with the Convention on the Rights of Persons with Disabilities.

“Da situação jurídica do maior acompanhado – Estudo de política legislativa relativo a um novo regime das denominadas incapacidade dos maiores”

CIDP + EUROPEAN COMISSION + PORTUGUESE SECRETARY OF STATE OF INDUSTRY   2017

CIDP’s researchers have contributed to the legal study and to the spreading of FinTech – Financial Technology Challenges. This phenomenon – which have been studied only from the technological and economic perspectives before – is analysed from a legal perspective from now on. CIDP organized scientific seminars and the publishing of a collective book [fazer link para este livro no separador PUBLICAÇÕES>OBRAS COLETIVAS], intervened in European Comission’s public consultation on this issue, promoted a specialization workshop about the challenges  brought up by FinTech and integrated a work group to create a regulation framework for the regulation of these FinTech phenomenons.

Collective book on Almedina Online

“FinTech – Desafios da Tecnologia Financeira”, Diogo Pereira Duarte – LinkedIn Pulse

CIDP + PORTUGUESE MINISTRY OF JUSTICE   2017

CIDP has intervened in the process of public discussion about a set of legislative measures proposed by the Government, integrated in the “Capitalizar” Program. A group of 19 researchers from CIDP have presented, in a collective book, their comments on five legislative proposals: (i) the amendment to Portuguese Commercial Companies Code and Portuguese Insolvency Code; (i) the conversion of credits into capital regime; (iii) the corporate recovery mediator; (iv) the appropriation of the collateral regime; (v) the extrajudicial corporate recovery legal regime (RERE).

“Governo adota novo pacote legislativo do Programa Capitalizar”