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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Adelaide Menezes Leitão

Law Degree from the Faculty of Law of the University of Lisbon, in 1993; Master in Law, on November 12, 1998; Doctor in Legal Sciences on July 22, 2008, and Aggregated since January 2022. Associate Professor at the Faculty of Law of the University of Lisbon since 2017.Has taught the subjectsGeneral Theory of Civil Law, Commercial Law, Labour Law, Commercial Company Law, Insolvency Law. Legal consultant for written opinions and Arbitrator in several arbitrations. Has published several articles and monographs in the areas of Civil Law, Civil Liability Law, Industrial Law, Copyright Law, Unfair Competition, Commercial Company Law, Consumer Law, Insolvency Law. Was Vice-President of the Consumer Law Institute at the Faculty of Law. Has lectured at national and international conferences in the areas of Industrial Law, Consumer Law, Information Society Law, Insurance Law, Commercial Company Law and Insolvency Law. Since July 2022, she has served as President of the Legal Consultancy Office of the Faculty of Law of the University of Lisbon.

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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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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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Hugo Ramos Alves

Bachelor of Law (2004), Master in Legal Sciences (2009) and PhD in Legal Sciences (2015). Assistant Professor of the School of Law of the University of Lisbon. Teaches Law of Obligations, Commercial Law, Maritime Law, Contract Law and Labour Law. Lecturer of Air (Aviation) Law and Terrestrial Transport Law in the Career-focused Master’s programme. Author of several monographs and articles, namely Do penhor (Master's Thesis, 2010) and Dação em cumprimento (PhD Thesis, 2017). Legal advisor in the fields of Banking Law, Commercial Contracts and Transport Law. Lawyer, with suspended membership as per his request, since 30 July 2013. Particular focus on the fields of practice of Banking Law, Project Finance, Mergers and Acquisitions, Transport Law and Insurance Law.

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Maria Raquel Rei

Law degree (1992), Masters degree (1998) and PhD (2011). Auxiliary Professor within the Legal Science Group of the Lisbon University Law School. Former member of the Pedagogic Council and substitute member of the Scientific Council. Current substitute member of the Pedagogic Council. During one year, held a position at Bissau’s Law School, pursuant to a cooperation agreement between the Portuguese Republic and Guinea-Bissau and was responsible for International Private Law and Political Economy. Taught Civil Law Principles, Obligations Law, Insolvency Law – both in the law degree and in the masters and PhD studies. Author of studies and articles published on Civil Law and Sports Law. Lawyer and member of CIDP.

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José Ferreira Gomes

Is Associate Professor at Lisbon University Faculty of Law (FDUL), and acts asarbitrator and legal expert on complex legal matters.Doctorate in Law by FDUL (2014), LL.M. by Columbia University (New York, 2004), and bachelorby the Portuguese Catholic University School of Law (2001). Was Academic Visitor at Oxford University Faculty of Law,Visiting Scholar and Research Fellowat Columbia University (2007-2008), researcherat Ludwig‑Maximilians-Universität München (Munich) andatMax-Planck-Institutfür ausländisches und internationales Privatrecht (Hamburg) (several periods from 2008 to 2013), andscholarship holder in the latter (2012).Is a member of the Private Law Institute (IDP) and of the Research Centre for Private Law (CIDP) of the FDUL,of the executive commission of theCódigo das Sociedades Comerciais Anotado, of the board of directors of the Erasmus and International Relations Office of the FDUL, of the Portuguese Arbitration Association, of theClub Español e Iberoamericano del Arbitraje, of theFreunde des Hamburger Max-Planck-Instituts für ausländisches und internationales Privatrecht e.V., and of theGovernance Lab. Practiced law between 2001 and 2007 at Uría Menéndez. In2013-2014 was head of legal of the Issuers Department of the Portuguese Securities Market Commission (CMVM).Between 2014 and 2021, was an external advisor to the CMVM, advising the Board of Directors and various departments on regulatory and supervisory matters.His research focuses on civil and commercial law. He has recently published books on M&A and the law of listed companies.

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A. Barreto Menezes Cordeiro

António Manuel Barreto Espadinha de Menezes Cordeiro, who also signs A. Barreto Menezes Cordeiro, was born in Lisbon in 1985. Graduated from the Faculty of Law of the University of Lisbon (2008), received an LLM from King’s College London (2009) and a PhD from the Faculty of Law of the University of Lisbon (2014). He is a Professor at the Faculty of Law of the University of Lisbon since 2013, where he has taught in the areas of Civil Law, Banking Law, Securities Law, Comparative Law and Commercial Company Law, and at the European University (Laureate Group) since 2015, where he has taught in the areas of Civil Law. He has authored more than 40 publications, includingDa simulação no Direito civil (2014),Do trust no Direito civil (2014),Direito dos valores mobiliários, Vol. I (2015),Manual de Direito dos valores mobiliários (2016) andDireito inglês dos contratos, Vol. I (2017). He is a founder and member of the editorial board of the Revista de Direito Civil (2014) and member of the editorial board of the Revista de Direito das Sociedades (2014). He is Vice-President of the Consumer Law Institute, since 2016, and was Vice-President of the Brazilian Law Institute in 2016 and 2017. Arbitrator and Jurisconsult.

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Elsa Dias Oliveira

Graduated (1996), Master (2001) and PhD (2011) in Law, she is an Assistant Professor at the Faculty of Law of the University of Lisbon. She has held several academic roles, namely secretary of the Scientific Council (2016-present), member of the Pedagogical Council, and was a member of various Committees (Postgraduate Studies Committee, Equivalences Committee, Jury Reinforcement Committee). She has taught the subjects of Private International Law, Arbitration and Mediation Law, Civil Law, Commercial Law, Introduction to the Study of Law, General Theory of Civil Law, Civil Procedural Law. She is the author of several articles and monographs, namely Da responsabilidade civil extracontratual por violação de direitos de personalidade em Direito Internacional Privadoand Protecção dos consumidores nos contratos celebrados através da Internet - Contributo para uma análise numa perspectiva material e internacional privatista. She is a lawyer and arbitrator. She is a member of the Research Centre for Private Law.

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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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Luís Gonçalves da Silva

PhD in Law and Professor at the Faculty of Law of the University of Lisbon, where he has been teaching for approximately 20 years, with special emphasis in recent years - since 2013 - on Labour Law I, II (degree) and III (Master's Degree in Law and Legal Practice). CIDP and IDT researcher.He has held several academic roles, including member of the Assembly of Representatives (1998/2002), the Pedagogical Council (1999/2002), the Board of Directors (2001/2002), the Scientific Council (2015/2017) and the School Council (2018/2019) of the Faculty of Law of the University of Lisbon.Regular speaker at conferences and postgraduate courses, namely at the Faculty of Law of the University of Lisbon, the Universidade Católica Portuguesa (Porto) and the Universidade Nova, as well as the Institute of Labour Law of the Faculty of Law of Lisbon (IDT), the Research Centre for Private Law of the Faculty of Law of the University of Lisbon (CIDP), and the National Labour Law Congresses; he is also executive coordinator of the IDT postgraduate course. He is the author of several dozen books and articles, especially in the area of Labour Law.Since 2015, he has been a member of the Scientific Committee for Collective Negotiation of the Labour Relations Centre as a specialist.Deputy director of theRevista Jurídica Luso-Brasileira (CIDP), since 2015.Lawyer and Consultant at Abreu Advogados (since 2013).Member of the list of presiding arbitrators of the Economic and Social Council (since 2012).He participated in the drafting of several diplomas, namely the one relating to the 2003 Labour Code and its complementary legislation, having monitored, as Advisor to the Secretary of State for Labour of the XV Constitutional Government, the negotiation of these and other diplomas, in the Permanent Committee for Social Coordination.

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Luís Menezes Leitão

Luís Menezes Leitão holds a Law degree (1986), a Master's degree (1991) and a PhD (1998) with Aggregation (2005) in Law at the University of Lisbon School of Law. He has conducted research in several foreign universities, namely in Germany, Italy, France and the United States. He has participated in numerous congresses and seminars, and held courses and conferences in Portugal, the United States, Italy, Brazil, Mozambique, Guinea-Bissau and Timor-Leste. He is currently Full Professorat the University of Lisbon School of Law, where he has been teaching, among other subjects, Civil Law (Law of Obligations and Contracts Law); Labour Law and Information Society Law. He was President of theBoard of Directors of theSchool of Law (2002-2004)and he also served as a member of the Centre for Fiscal Studies of the General Directorate of Taxes. He is a lawyer and legal consultant. He has authored many studies and articles in the areas of Law of Obligations, Commercial Law, Real Rights, Labour Law and Information Society Law. Among these areDireito das Obrigações (3 vols.), O ensino do Direito das Obrigações, A Responsabilidade do Gestor perante o Dono do Negócio no Direito Civil Português, O Enriquecimento sem Causa no Direito Civil, Cessão de Créditos, Garantias das Obrigações, A Indemnização de Clientela no Contrato de Agência, Código do Trabalho Anotado, Código da Insolvência e da Recuperação de Empresas Anotado and Estudos de Direito Fiscal.

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Guilherme Dray

Lawyerwith a PhD in Law from the University of Lisbon. Guilherme lectures at the University of Lisbon School of Law, in Post-Graduate Programs at the New University of Lisbon and at the Catholic University of Porto, and in several seminars at the Pontifical Catholic University of São Paulo and at the Porto Alegre Board of Attorneys, in Brazil. He has also lectured as a Professor of Law at the Guinea-Bissau Law School. He was Visiting Professor at Georgetown University, Washington D.C., USA. He wrote several juridical papers and books published in Portugal and Brazil. He also co-founded the Institute of Labour Law, the Institute of Consumer Law, both part of the University of Lisbon, and the Portuguese Speaking Countries Jurists Community. He is currently member of the board of the Institute of Labour Law. Guilherme was Head of the Portuguese Prime Minister´s Office during the XVIII Government (2009-2011) and Head of the Cabinet of the Minister for Public Works, Transport and Communications of the XVII Government of Portugal (2005-2009). He participated in several official and bilateral meetings in several countries of Europe, South America, Africa and Asia. During the Portuguese Presidency of the EU (2nd semester of 2007), Guilherme assisted the directorship of the Transport and Telecommunications Council. Guilherme is currently a Partner at the Law Firm Macedo Vitorino & Associados.

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Francisco Rodrigues Rocha

Holds a Degree in Law (2010), a Master's Degree in Law (2014; Insurance Law) and a PhDin Law (2021; Roman Law). He is an Invited GuestLecturer at the Faculty of Law of the University of Lisbon.He is a researcher at CIDP – Research Centre for Private Law and IVRIS – Institute for Interdisciplinary Research, and is part of RIIDJ – International Network of Researchers in Law and Justice.He is a Lawyer (2014), Member of the Board of Directors of the Portuguese Section of AIDA (2018), Vice-President of IDC – Association for the Study of Consumer Law (2014), Member of the Editorial Committee of theRevista da Faculdade de Direito da Universidade de Lisboa (2020), Member of the Editorial Committee ofInterpretatio Prudentium – Direito romano e tradição romanista em revista (2016) and Deputy Director of theRevista de Direito Financeiro e dos Mercados de Capitais (2021).His areas of research are Roman Law and Romanistic Tradition, History of Law, Maritime and Port Law, Insurance Law, Banking Law, Transport Law, Commercial and Company Law, Data Protection Law and Consumer Law.

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Cláudia Madaleno

Graduated in Law (2002), Master in Legal Sciences (2010) and PhD in Law – Legal and Civil Sciences (2015), she is an Assistant Professor at the Faculty of Law of the University of Lisbon.She participates, as Coordinator, in the organization of conferences and postgraduate courses in the areas of Labour Law and Social Security Law. She participates regularly as a guest speaker in congresses, conferences and seminars of a scientific nature, especially in the labour and civil law areas, and also often takes part in postgraduate courses in the areas of Labour Law, Social Security Law, Obligations Law and Law of Transport.She is a founding member and Deputy Director of the International Labour Law Review of the FDUL Institute of Labour Law. Since February 2024, sheis alsoSecretary General of RDES – Revista de Direito e de Estudos Sociais. Since 2015, she has been an Editor for the Revista Jurídica Luso-Brasileira, a publication of the Research Centre for Private Law.Since December 2023, sheintegratesthe list of presiding arbitrators of the Economic and Social Council.She is the author of several articles in periodic scientific publications and collective works, especially in the areas of Labour Law, Obligations Law, Guarantee Law, Transport Law, Leasing Law and Consumer Law.She was a Specialist Advisor to the Secretary of State for Employment, at the Ministry of Economy and Employment (2011/2012). She was an assistant lecturer at the Faculty of Law of the University of Lisbon in the subjects of Labour Law I and II, Obligations Law I and II, Real Rights and Maritime Law (2008-2015). She was also an Assistant at the Faculty of Law of Bissau (2003-2008), under the Cooperation Protocol agreed between the Faculty of Law of the University of Lisbon and the Portuguese Institute forDevelopment Support, where she was responsible for the courses on Introduction to the Study of Law, General Theory of Civil Law, Obligation Law, Special Contract Law and Private Law (Obligation Guarantees). In this context, she carried out consultancies for several entities, namely for the UNDP – United Nations Development Program, the IPAD – Portuguese Institute for Development Support and the Government of Guinea-Bissau and the World Bank.

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Rui Soares Pereira

Graduated (2001), Master (2006) and Doctor (2015), he is Assistant Professor at the Faculty of Law of the University of Lisbon and Guest Assistant Professor at the Military Academy. He has taught Criminal Law, Criminal Procedural Law and Administrative Offenses Law at these institutions, along with other subjects, such as Obligations Law, Civil Procedural Law, Arbitration Law, Commercial Law and Family Law. He conducts research, gives conferences and has written on topics of Private Law, Criminal Law, Procedural Law, Evidence Law and also on topics related to Regulation Law and the use of new technologies and autonomous systems.Author, among others, of the following publications:Direito Sancionatório dos Valores Mobiliários,co-authored with Joana Costa Lopes; Prova, Verdade e Processo, Processo Penal,co-authored with João Gouveia de Caires; Direito das Contra-Ordenações,co-authored with Augusto Silva Dias; Sobre os Pareceres do Conselho Consultivo da PGR,co-authored with Inês Sítima Craveiro; Sobre a Validade de Procedimentos Administrativos Prévios ao Inquérito e de Fases Administrativas - Preliminares no Processo Penal, co-authored withAugusto Silva Dias; O Nexo de Causalidade na Responsabilidade Delitual: Fundamento e Limites do Juízo de Condicionalidade, Pressupostos Filosóficos e Científicos do Nexo de Causalidade, Memória e Presente de Direito da Família, co-authored withMargarida Silva Pereira,and A Responsabilidade por danos não patrimoniais do incumprimento das obrigações no direito civil português.He has participated in the coordination of collective worksin the field ofProbation Law (Prova Penal Teórica e Práticaand Novos Desafios da Prova Penal, 2 volumes),Regulation Law (Law Enforcement, Compliance e Responsabilidade Empresarial, which includes several volumes)andthe relationship between Law and Autonomous Systems (Legal Aspects of Autonomous Systems: A Comparative Approach). Jurisconsult, legal expert, arbitrator and lawyer. He was a lawyer and consultant at the PLMJ Law Firm, deputy to the Minister of the Presidency and Parliamentary Affairs and to the Secretary of State for the Presidency of the Council of Ministers, in the XIX Constitutional Government, and a Fellow at the Foundation for Science and Technology. He is an associate of the IDPCC anda researcher at the CIDPCC, member of the EditorialBoard and Peer Reviewer of the journalAnatomia do Crime, editor in the area of Evidence Law for the Revista de Concorrência e Regulação and Peer Reviewer of the Revista da FDUL. Member of the ATFD and the Portuguese Philosophy Society, the Portuguese Arbitration Association, member of the Portuguese-German Association of Jurists and member of the Association of Catholic Jurists.

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Faculdade de Direito da Universidade de Lisboa
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