Research Centre for Private Law

Research, development, production and dissemination of scientific knowledge in the field of Private Law.

A Research Unit of the Institute of Private Law (IDP)

Founded in 2014, CIDP is an autonomous R&D Unit dedicated to the production and dissemination of scientific knowledge in the field of Private Law.

 

Its activity is predominantly developed along two fundamental axes: the individual and collective research carried out by its members, and the organization of courses, seminars, conferences and workshops on current themes in Private Law.

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Research

Research Lines

CIDP has decided to structure its activities for the period 2024-2028 according to five research lines, which will act as the basis for research projects to be developed, involving teams of researchers from all areas working collaboratively in an articulated manner.

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Artificial Intelligence, Technology and Private Law

The advent of the Digital Era has changed social, economic and legal structures. The world we now live requires the Law to pay special attention to new issues, not previously encountered. The social relevance of personal data raises questions in the field of personality law, automation and artificial intelligence require the workings of civil liability to be reconsidered and the wide use of e-commerce demands study of online consumer rights. The new reality extends into finance, with a direct impact on investor rights and business funding models.

 

In addition, automation and artificial intelligence are both tools and challenges in courts. On the one hand, they promise to speed up and facilitate procedural acts, relieving judges, bailiffs and lawyers of repetitive and time-consuming tasks. But at the same time, insofar as they provide autonomous means of decision-making, they raise fundamental questions about the future meaning and nature of adjudication.

 

Finally, generative artificial intelligence raises relevant challenges in intellectual property law, namely as regards the protection of copyright and even the identity or nature of the author.

 

These trends and demands are not new. They were the subject of the last research line called Private Law in the Digital Era (PLDE). The current research line arises in the continuation of the work carried out at PLDE, integrating and focusing on the latest technological developments.

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New Perspectives of Corporate Governance

The last few years have been marked by profound reforms in Commercial Company and Capital Market Law, especially at the level of European normative instruments.

 

Following on from the work conducted within the previous line of research called Modernization of Corporate Law, the current line New Perspectives of Corporate Governance will focus its attention on three topics: (i) the impact of technology on company law; (ii) the reformulation of corporate law structures as a result of the new centrality of stakeholder interests; (iii) the impact of ex contractu governance on the company and the limits of of private autonomy in shareholder agreements.

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Diversity, Harmonization and Unification of Private Law

The research on Comparative Law, including its methodological foundations, is a central theme of CIDP's research. The diversity of modern Private Law coexists with a growing effort towards harmonization and unification, which transcends the European space and is instrumental to the free flow of people, goods, services and capital across borders in a globalised economy.

 

This research line will pay special attention to international instruments, in particular, the CISG (which came into force in Portugal at the end of 2021), the UNIDROIT Principles on International Commercial Contracts, the Principles of European Contract Law and other relevant normative acts from the European Parliament and from the Council.

 

In this context, is also important the creation of a permanent observatory of Lusophone legal systems, which preserve a fundamental unity with Portuguese law, and the international dissemination of its output.

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Foundations of Private Law

This line of research is devoted to the study of the historical, dogmatic and axiological foundations of Private Law, always seeking a deeper understanding of legal systems and their evolution.

 

The research projects to be developed cover the core areas of common and commercial Private Law, as well as its immediate foundations and instruments (Philosophy of Law and Methodology). It also involves studying the models of adjudication (specially linked with new morphologies of conflicts) including alternative dispute resolution (ADR).

 

This research line also includes the critical analysis of judicial activity (including its social and economic impact), as well as the survey and systematization of empirical data on that activity.

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New Perspectives on Regulation, Compliance and Private Enforcement

The emergence of independent authorities has subverted the classic separation of powers model, which is why they have been endowed with three types of traditionally separate public powers: normative, executive and (para)judicial. Modern independent authorities issue regulations of a general and abstract nature, monitor and inspect the activity of businesses and, finally, impose financial penalties (fines) and ancillary sanctions if they detect offences. In this regard, it is difficult to sustain the classic opposition between administrative law and criminal law, especially since the European Court of Human Rights has consistently held that administrative offences and other typically administrative offences should be considered criminal offences for the purpose of applying Article 6 of the European Convention on Human Rights, which enshrines the right to a fair trial and the presumption of innocence. The social context of regulatory law requires a paradigm shift in the application of law and interaction with economic agents. Experience generally points to the advantages of an approach based on the principles of responsive regulation and regulated self-regulation. The balance between the two, however, requires a delicate balance between the requirements of effective regulation and the advantages of collaboration with businesses in the performance of this public law mission. In fact, the risks of this combination are immense and can only be minimised by establishing mechanisms to guarantee the independence and accountability of regulators and to prevent them from being captured by a wide range of interests, from party interests to business interests, which also involves transparency in the revolving doors between the exercise of regulatory functions, government functions and management functions of public, mixed or private companies. A virtuous articulation of responsive regulation with regulated self-regulation cannot ignore another pillar, which is the private enforcement of the law through actions for damages and collective redress brought by consumer representatives and others interested in promoting competition. Damages actions and collective redress often act as natural allies of more effective economic regulation and more efficient self-regulation, reinforcing the attitude of compliance on the part of companies by encouraging the prevention of legal risks that may arise from non-compliance. Any reflection on the intersecting themes of regulation, regulatory compliance and actions for damages and collective protection must value the experience of law in action, calling on the critical mass that accompanies matters of economic regulation and competition defence, adding national experience to the experience of other European countries and the European Union itself, but also to that of other reference legal systems, especially Anglo-Saxon ones, whose practice is inspiring for the European context. This line of research also includes the research project that has been developed in the field of judicial evidence, considering that evidential problems take on new dimensions in the context of the passage of information between regulators, intelligence agencies, criminal police agencies and criminal investigation holders, at the domestic level, but also at the cross-border level and not only in the European context. The research project encompasses the most general aspects of the theory of evidence and the dogmatic aspects of judicial evidence in the various regulated areas of economic activity, thus aiming to contribute to the development of an area of legal thought and practice that suffers from a lack of attention in civil law legal systems, compared to common law countries. It is a research project that involves ongoing articulations and partnerships with foreign research centres, which have already produced results in terms of national and foreign publications and scientific meetings in Portugal and abroad.

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Researchers

Meet the researchers

CIDP’s team of researchers currently comprises 56 Integrated Researchers who hold a PhD, 59 Integrated Researchers who do not hold a PhD and 5 Collaborating Researchers.
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João Marques Martins

Earned his Bachelor's degree (2004) and PhD (2016) in Law from the University of Lisbon – Law School, where he is Assistant Professor. He has lectured Commercial Law and Contracts Law (Bachelor's programme) as well as International Contracts, Comparative Law and Port/Airport Law (Master's programme). João Marques Martins has published papers on Tort Law, Civil Procedure Law and Bioethics, as well as the book "Prova por Presunções Judiciais na Responsabilidade Civil Aquiliana" (2017), which corresponds to his PhD thesis.

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Paula Meira Lourenço

Graduated (1996), Master (2003) and PhD (2018) in Law, she is Assistant Professor in the Legal Sciences Group at the Faculty of Law of the University of Lisbon, having taught Civil Procedural Law subjects. She is the author of more than three dozen publications, most notablyA função punitiva da responsabilidade civil(2006). She is a member of the Scientific Council of the Union International des Huissiers de Justice (https://www.uihj.com/), of the Editorial Committee of the journalPropriedades Intelectuais, of the Portuguese Institute of Civil Procedure and the Research Centre for Private Law of the Faculty of Law of the University of Lisbon, also participating in the activities of the Institute of Legal and Political Sciences of the Faculty of Law of the University of Lisbon (http://www.icjp.pt/).She has held several public positions, namely President of the Commission for the Effectiveness of Executions, to which she was unanimously elected (2009/2012); jurist at the Securities Market Commission (CMVM) since 2002, having represented the CMVM in several national and international forums; Deputy Secretary of State and Local Administration of the XVII Constitutional Government (2005/2009); advisor to the Deputy Secretary of State of the Minister of Justice of the XIV Constitutional Government (2000/2002),havingparticipated in several legislative reform projects to simplify public administration and to further procedural simplification.Between 1996 and 2000 she was a lawyer, having requested the suspension of her registration in April 2000 to take on the role of advisor to a member of the Government.She is currently President of the National Comission for Data Protection.

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João de Oliveira Geraldes

Bachelor of Law and Master ´s degree in Legal Sciences at the University of Lisbon. Assistant professor at the Faculty of Law of the University of Lisbon, with teaching experience in private law. Professor in different graduate courses, postgraduate courses and Master's degrees. Published the book "Tipicidade contratual e condicionalidade suspensiva: contributo para o estudo da exterioridade condicional" and several articles in national and international legal journals. Lawyer and legal consultant. Legal advisor to the Minister of Defence (1999) and to the Minister of Foreign Affairs (2000–2001) and Vice-Chairman of the Portuguese Committee for the review of the Concordat signed with the Vatican (2000–2001); legal advisor to the President of the Parliament (2005–2007).

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Rui Pinto

Having started teaching in 1989 at the Faculty of Law of the University of Lisbon, where he graduated, Rui Pinto obtained his Master's degree in 1995, and, in 2008, he completed his PhD, becoming a Professor at that Faculty. Since then, he has taught Declarative, Executive, Appeals and Insolvency Civil Procedural Law. Previously he had taught Real Rights, Commercial Law and Obligations Law. At the service of the Faculty of Law of the University of Lisbon, hecooperated as a Professorwith institutions in Brazil, Cape Verde, East Timor, Guinea-Bissau and Mozambique.He has written and published several monographs and articles on Real Rights and Civil Procedural Law, such as: Direitos Reais de Moçambique(2012),Manual da Execução e Despejo(2013),Notas ao Código de Processo Civil(2 volumes) (2015),O Recurso Civil. Uma teoria geral(2017),Novos Estudos de Processo Civil(2017), and, more recently,A Ação Executiva(2018),Código de Processo Civil anotado, 2 vols. (2018),Procedimento Extrajudicial Pré Executivo anotado, 2ª ed., (2019)with Helena Tomaz,Manual do Recurso Civil, vol. I. (2020)andOs Processos Especiais, 2 vols. (2020/2021)in co-coordination with Ana Alves. He was also co-author ofCódigo de Processo Civil anotado, vols. 1st and 2nd, with Lebre de Freitas, until 2008, and one of the co-authors of the Código Civil anotado, vol. II, (2017), directed by Ana Prata. He has also written about lease.Furthermore, Rui Pinto has published articles on civil procedure, leasing and insolvency in prestigious legal magazines, such as Revista da Ordem dos Advogados, Revista da Faculdade de Direito da Universidade de Lisboa, Julgar OnLine, as well as written for collective works such as the recentI Congresso de Direito do Arrendamento (coord. Luís Menezes Leitão, 2019) and theV Congresso da Insolvência (coord. Catarina Serra, 2019).Rui Pinto also designed and executed several training activities and conferences on Civil Procedure, most of them with the Bar Association and the CEJ. He is frequently invited to participate in lectures, seminars and conferences on civil proceedings, leasing, insolvency and condominiums. Since 2011, Rui Pinto has collaborated with several law firms, producing legal opinions and consultations, and has participated in arbitrations on pharmaceutical patent disputes.He is currently an Associate Professor at the Faculty of Law of the University of Lisbon.

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David Oliveira Festas

Graduated in Law (2001), Master of Law (2006) and Doctor (Ph.D.) in Law (2017), David Oliveira Festas is a lawyer and Professor at the Faculty of Law - University of Lisbon, where he has been teaching Civil, Commercial, Company and Capital Markets Law in graduate and postgraduate courses. David is a regular speaker at conferences and postgraduate seminars and is the author of several articles and books, including Do Conteúdo Patrimonial do Direito à Imagem / Contributo para um Estudo do seu Aproveitamento Consentido e Inter Vivos (2006) and Das Inibições de Voto dos Sócios por Conflito de Interesses Com a Sociedade nas Sociedades Anónimas e por Quotas. David is a Partner at Campos Ferreira, Sá Carneiro & Associados.

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Isabel Alexandre

Isabel Alexandre graduated in Law (1989) at the University of Lisbon, where she also obtained her Master's (1994) and PhD's (2012) degrees in Law.She was Senior Technician at CMVM – Comissão do Mercado de Valores Mobiliários (Portuguese Securities Market Commission), Advisor to the Office of the Governor of Macao and Advisor to the Office of Judges of the Tribunal Constitucional (Portuguese Constitutional Court).She is an Associate Professor at the Faculty of Law of the University of Lisbon and a Technical Consultant in the Legal Services Department of Banco de Portugal (Portuguese Central Bank).She is a member of the Board of Directors of the IVM – Instituto dos Valores Mobiliários.She has published several books and articles and is a speaker at conferences and courses, mainly in Civil Procedural Law.

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Sofia de Vasconcelos Casimiro

Guest Assistant Professor at the Faculty of Law of the University of Lisbon, specialized in the area of Law and Information Technologies. She teaches in the Law Degree Course, as well as the Scientific Master's Course, and also participates in teaching several postgraduate courses at this institution. Scientific co-coordinator of the Advanced Course in Cybersecurity and Cyberspace Law, promoted in partnership by the Military Academy and the ICJP of the Faculty of Law. She also teaches Copyright Law in the Information Society, as part of the Intellectual Property Law Course promoted by the Portuguese Association of Intellectual Property Law (APDI), at this same Faculty. She collaborates in cybersecurity and cyberdefense training programmes within the European Union and NATO,acting as the coordinator of training activities in Law, Cybersecurity and Cyberdefense in NATO's Multinational Cyberdefence Education and Training project.She teaches courses promoted by the European Security and Defense College (ESDC) and the European Defense Agency (EDA). Graduated and Master from the Faculty of Law of the University of Lisbon, PhD from Queen Mary, University of London. Associate Professor at the Military Academy, legal consultant, lawyer, founding member of the Competitive Intelligence and Information Warfare Association (CIIWA) and member of the APDI board.

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Tiago Soares da Fonseca

Law degree (1998), master's degree (2007) and PhD (2018) in Legal Sciences from the University of Lisbon School of Law. AssistantProfessor within the Legal Science Group of the Lisbon University Law School. At this School of Law, has taught several disciplines, namely General Theory of Civil Law, Law of Obligations, Commercial Law, Property Law and Contract Law. He has held other functions in the same Law School, namely as a member of the Pedagogical Board (2001-2002), and held a position at Bissau’s Law School, pursuant to a cooperation agreement between the Portuguese Republic and Guinea-Bissau, and was responsible for General Theory of Civil Law and Commercial Law (2000-2001). Author ofseveral publications, among others O Direito de Exoneração do Sócio no Código das Sociedades Comerciais (2008) and A transação civil na litigância judicial e extrajudicial (2018). Lawyer, legal advisor and arbitrator.​

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Fernando de Araújo

Full Professor at the Faculty of Law of the University of Lisbon (FDUL). With Aggregation (2007) and Doctorate (1998) in Legal-Economic Sciences, Master's Degree in Historical-Legal Sciences (1990) and Degree in Law from the Portuguese Catholic University (1982), he has supervised numerous Master's and Doctorate theses,as well as Post-Doctoral internships in Portugal and Brazil. Lecturer and guest speaker at Faculties in Europe, the Americas, Africa and Asia, he participates in Conferences regularly and has published in the areas of Economic Analysis of Law, Philosophy of Law, History of Law, Law of Obligations, Contracts, Civil Law, Environmental Economics, Bioethics and Animal Law. He was a founding member of several institutes at the University of Lisbon and also of the Research Centre for Private Law, where hewas responsible for the Bioethics Law section. He chaired the Assessment and Accreditation Committees of Law Schools and Courses in Portugal (A3ES – Higher Education Assessment and Accreditation Agency) (2011-2016) and the FDUL Institute of Brazilian Law; he directed the Revista do Instituto do Direito Brasileiro, he was a member of the Ethics Committees of the Faculty of Medicine (2005-2007) and the Faculty of Pharmacy (2010-2017), was Deputy to the Office of the Minister of the Presidency (1990-95) and Advisor to the Office of the Secretary of State for National Defense ( 1995) and Advisor to the Board of Directors of the Securities Market Commission (1998).Between 2004 and 2005, he chaired the Scientific Council of the Centre for the Study of Animal Rights and also collaborated with the Centre for Biomedical Law at the Faculty of Law of the University of Coimbra. His book "A Hora dos Direitos dos Animais" (2003) drove a change in legal thinking and stimulated the national debate in relation to animal issues. Two years after the release of this work, he wrote an article titled “Os recentes desenvolvimentos da Lei Portuguesa no domínio dos direitos dos animais” which was published in the Journal of Animal Law,whose editorial board he also integrates.He is Director of theRevista Jurídica Luso-Brasileira and co-coordinates Almedina's "Applied Ethics" collection.He has extensive experience in Arbitration, being an Arbitrator in tax and commercial cases, as well as a Legal Consultant and Advisor.

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José Alves de Brito

Law degree (1998), Master in Law (2006) and PhD in Law (2017), currently holds the position of Auxiliary Professor in the Legal Sciences Group in Lisbon Law School. As an Intern University Assistant, and later on as University Assistant, he collaborated in Civil Procedure Law, Introduction to Legal Studies, Commercial Law and Contract Law. He is co-responsible for Insurance Law in Lisbon Law School Master's Degree. Formerly a lawyer, he is the author of several articles in Civil Procedure Law and Insurance Law. He is Lusitania’s, Companhia de Seguros, SA, Ombudsman.

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Paulo de Sousa Mendes

Graduate in Law (1981), LL.M. (1987) and Ph.D. (2006). Professor at the University of Lisbon, where he has taught since 1981 Criminal Law, Criminal Procedure, and Evidence Law. Member of the Board of the Research Centre for Criminal Law and Criminal Sciences (University of Lisbon). Member of the Scientific Council of the Research Centre for Latin-American Criminal Law and Criminal Procedure (University of Göttingen). Scholarships from FCT (Augsburg, Freiburg i. Br., Göttingen, Munich, Bielefeld, and Trento), DAAD (Munich, and Freiburg i. Br.), and MPI (Freiburg i. Br.). Former Head of the Antitrust Department (2013-2016) and of the Legal Department (2009-2013) of the Portuguese Competition Authority. Former Professor at the Portuguese Military Academy (2006-2009). Former member of the Portuguese Committee for the Reformation of the Penal Code and the Penal Procedural Code (2005-2007). Former member of the Supervision Committee for the Portuguese Intelligence Services (1998-1999). Former lawyer of the Portuguese Securities Market Commission (1998-2006).

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Manuel Januário da Costa Gomes

Graduated (1977) from the Faculty of Law of the University of Coimbra, Master in Law (1987) from the Faculty of Law of the University of Lisbon, Doctor of Law (2000) from the University of Lisbon (2000), Aggregate (2012) in Law and Full Professor at the Faculty of Law of the University of Lisbon (2013). Over the years, he has held various academic roles at the Faculty of Law of the University of Lisbon, as a member of the Board of Directors, the Scientific Council, the School Council, the Institute of Legal Cooperation, the Erasmus Office, and (since 2016) he is a member of the Scientific Council and Coordinating Professor of Postgraduate Studies. Founder and Coordinator of the Center for Maritime and Transport Law at the Faculty of Law of the University of Lisbon. Coordinator of the Lisbon Maritime Law Conferences. Founder and Coordinator of the Maritime and Transport Law Collection, edited by Almedina. He promoted the creation of the African Law Studies Collection (Institute of Legal Cooperation and Livraria Almedina). Member of the Scientific Committee of the magazine “Anuario de Derecho Maritmo”. Member of the Ibero-American Institute of Maritime Law. Coordinator of the Postgraduate Course in Maritime and Port Law, at the Faculty of Law of the University of Lisbon. Member of the Review Committee of the “Corporate Law Magazine”. Subjects taught: a) Degree in Law: Commercial Law (General and Corporate) and Maritime Law; b) Masters and Doctorate: Commercial Law, Maritime Law and Banking Law. He is a jurisconsult. Author of several publications (lessons, monographs and articles published in magazines and collective works in Portugal and abroad).

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Teresa Quintela de Brito

Graduated (1988), Master (1996) and PhD (2013) in Law (Specialty: Juridical-Criminal Sciences), she is an Assistant Professor in the Legal Sciences Group of the Lisbon University Faculty of Law. She has also lectured at the Lusíada University of Lisbon (1988-1998) and at the Nova School of Law (2012-2018). In bachelor's, master’s, and doctoral degrees, she was responsible or co-responsible for the disciplines of Philosophy of Law, Criminal Law (theory of criminal law and theory of crime), Special Criminal Law, Economic and Financial Criminal Law, Criminal Law IV (Criminal liability of legal entities: substantive aspects), Criminal Procedural Law II and III (Procedural issues of criminal liability of legal entities I and II), Cybercrime and Digital Evidence. Researcher, speaker at conferences and post-graduate courses, legal consultant, and supervisor of dozens of scientific papers. Author of four monographs, more than fifty articles published in scientific journals and collective works, organizer, and co-author of several collective works. Member of the Editorial Board of the Anatomia do Crime. Revista de Ciências Jurídico-Criminais and of the Revista de Concorrência & Regulação; permanent contributor to the Revista Portuguesa de Ciência Criminal and to the Lex Medicinae. Revista Portuguesa de Direito da Saúde; associate of the Institute of Criminal Law and Criminal Sciences (FDUL) and of the Biomedical Law Centre (Coimbra Faculty of Law). Member of various working groups responsible for the preparation of legislative projects in the areas of Criminal Law, Criminal Procedural Law and Penitentiary Law.

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Maria do Rosário Palma Ramalho

Full Professor at the Faculty of Law of the University of Lisbon, coordinating and governing the subjects of Labour Law and General Theory of Civil Law, in the Bachelor's, Master's and Doctoral Degrees. President of APODIT – Portuguese Association of Labour Law, since 2013, having been re-elected in 2017 and again in 2018. Member of the Executive Committee of ISLSSL – International Society of Labour Law and Social Security, since 2014.Portuguese member of the Committee of Jurists of the European Commission on Gender Equality and Non-Discrimination, since 1994. Legal consultant in the areas of Labour Law, Civil Law, Social Security Law, Public Service Law and Equality Law. Member of the Scientific Council of the Faculty of Law of Lisbon and the General Council of the University of Lisbon. Vice-President of the Institute of Labour Law at the Faculty of Law of the University of Lisbon. Coordinator of the publication Estudos APODIT. Arbitrator President of CES – Economic and Social Council. Scientific coordinator of several international projects, in the areas of Labour Law and Equality Law, and, in this context, consultant for the European Commission, the European Parliament and the International Labour Organization. Scientific coordinator of several projects to prepare normative acts in the areas of Labour Law, Public Service Law and Equality. Author of several monographs and dozens of articles, included in collective works and periodical publications, national and foreign, in the areas of Labour Law, Social Security Law, Civil Law and Equality Law. Guest professor at other Universities, in Portugal (Faculty of Law of the University of Coimbra, Universidade Lusíada, Universidade Católica Portuguesa), in Angola (Universidade Lusíada de Angola), in Brazil (Universidade Presbiteriana de São Paulo, Universidade de São Paulo-USP, and Pontifical Catholic University of São Paulo) and in Spain (University of Seville and Complutense University of Madrid), the Netherlands (University of The Hague) and the Czech Republic (Charles University of Prague). Guest speaker at numerous scientific initiatives, in Portugal and abroad, namely in Germany (Trier), in France (Paris), in Belgium (Brussels), in Hungary (Budapest), in the Czech Republic (Prague), in Brazil (S. Paulo and Campinas), in the Netherlands (The Hague) and in Spain (Madrid, Valencia and Seville), and also in the European Parliament, the European Commission and the ILO.

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João Gomes de Almeida

Assistant professor at the University of Lisbon School of Law, where he earned his Undergraduate (2002), Master (2011) and Doctoral (2017) degrees in Legal Sciences. He has been teaching various curriculum units of the Bachelor’s programme of the University of Lisbon School of Law since 2006, with an emphasis on Private International Law and Civil Procedure Law. He is responsible for the curricular unit Direito Processual Civil (avançado) [Advanced Civil Procedure Law] in the Master in Juridical-Civil Sciences programme of the Lusíada University of Lisbon Faculty of Law. He has published various works, namely Divórcio em Direito Internacional Privado [Divorce in Private International Law] and Direito de Conflitos Sucessório: Alguns problemas [The Law Applicable to Succession Matters: Some Questions]. He is a member of the Pedagogical Board and the Research Centre for Private Law of the University of Lisbon School of Law. He is a law consultant as well.

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Faculdade de Direito da Universidade de Lisboa
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