Portugal (Application of Foreign Law)

Dário Moura Vicente, Maria Helena Brito

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

I. Application of Foreign Law by Judicial Authorities. 1. General overview. 2. Legal or factual nature granted to foreign law in the specifi c country dealt with. 3. The role played by the judge and by the parties as regards the plea and/or proof of foreign law and the possibility/obligation of cooperation between them as regards these two issues. 4. The means referred to by the Court and/or by the parties as regards the ascertainment of the content of foreign law. 5. When and how is foreign law deemed proved? Meaning of proof in a reasonable time. 6. How is foreign law applied by the Court? How are gaps fi lled? 7. When and how may the application of foreign law be rejected by the Court? a. Public policy (ordre public). b. Mandatory rules. c. Unconstitutionality. 8. Possibilities of review of the judgment rendered on the basis of foreign law by Upper Courts. 9. Is there any Bilateral/Multilateral convention as regards the proof of foreign law applicable? How do they work in practice? - II. Application of Foreign Law by Non-Judicial Authorities. 1. General overview. 2. In case any specifi c system exists as regards this issue, which are the main similarities/differences in relation with the system of application of foreign law by judicial authorities.

Original languageEnglish
Title of host publicationApplication of Foreign law
PublisherSellier European Law Publishers GmbH
Pages301-316
Number of pages16
ISBN (Print)9783866531550
DOIs
Publication statusPublished - 30 Mar 2011

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