Mimoso, Maria João
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Mimoso
First Name
Maria João
Name
Maria João Mimoso
Biography
Maria João Mimoso nasceu em Lisboa, em 1962, é Professora Associada, Doutorada, Mestre e Licenciada em Direito. Ao longo da sua carreira de docente do Ensino Superior, integrou várias vezes órgãos Científicos e Pedagógicos nas instituições onde lecionou e leciona. Atualmente é Coordenadora do Mestrado em Ciência Jurídica Forense, da Universidade Portucalense Infante D. Henrique. Integra o grupo de investigação "Processo" do Instituto Jurídico Portucalense – IJP. Participou em projetos de investigação na área da Ciência Jurídica, em Portugal e no estrangeiro, designadamente Co-relatora nacional do Specific Program Civil Justice, Civil Justice Action Grants 2009, the European Commission, University of Maribor, Faculty of Law, “Vereinfachte Forderungsbetreibung in der EU /Simplification of Debt Collection in EU” e como Relatora nacional do Specific Program Civil Justice, Civil Justice Action Grants 2012, the European Commission, University of Maribor, Faculty of Law, “European Dimension of taking of Evidence. A investigação que desenvolve centra-se no na contratação comercial, nacional e internacional, arbitragem nacional e internacional e investimento estrangeiro. É autora de uma dissertação e de uma tese, respetivamente Mestrado e Doutoramento em Direito na área da arbitragem comercial, bem como de vários artigos em revistas nacionais e estrangeiras e de diversos pareceres. Tem colaborado com vários escritórios de advogados e desempenhado, também, funções de árbitro.
Afiliação:
IJP - Instituto Jurídico Portucalense.
DD- Departamento de Direito.
Identifiers
F318-DBC8-0A23Research Projects
Organizational Units
IJP - Instituto Jurídico Portucalense
O Instituto Jurídico Portucalense (IJP) é um centro de investigação em ciências jurídicas que tem como objetivo principal promover, apoiar e divulgar a investigação científica nessa área do saber produzida na Universidade Portucalense e nos Institutos Politécnicos de Leiria e de Lisboa, suas parceiras estratégicas.
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Publication Open Access A disometria da pena, sua determinação “In Concreto”: a suspensão da execução da pena.2012 - Mimoso, Maria João; Magalhães, BárbaraPublication Open Access The myth of absence of lex fori towards the international arbitrator2017 - Mimoso, Maria JoãoThe national and foreign doctrines uphold the absence of lex fori for the international arbitrator since the origin of the international arbitration. Our goal is to emphasize the demand of electing a lex fori for the international arbitrator for as much there is a collection of issues concerning the intervention of the State Courts in the role of arbitration support. The lex fori, that is supposed to inquire, will assist the arbitrator in determining the applicable law to the dignity of the dispute, and will regulate, undoubtedly, the litigation issues of arbitration. Based on the predominately upheld position in the doctrine, we will provide evidence to the specific limitations of the most aimed efficacy of the arbitration decisions. We will demonstrate through the jurisprudential (arbitration) analysis the necessity of appealing to the State Courts, excelling their contribution for the arbitration success. For the international arbitrator, the focus of the arbitration in the quality of lex fori comes up as important. We will draft its potential regulation capacities while cohesive juridical system, mainly in the dissension subsystem, the principles and proceeding rules, without forgetting the legitimacy to apply other transnational system rules To deny the existence of a lex fori to the international arbitrator is a redundancy, for, beyond the arbitrator having a lordship, the arbitration court also has a lex fori.Publication Open Access The right to water as a fundamental right2018 - Anjos, Maria do Rosário; Teixeira, Joana; Mimoso, Maria JoãoWater is a Human Right of first necessity. We verified that water resources have been used at a rate higher than their replacement capacity, causing problems of water scarcity. This study aims to draw attention of the world community to the need to implement measures to a real social responsibility and cooperative. A review of the literature and an analysis of the various international legal instruments on water resources will be carried out to highlight the absence of social and cooperative responsibility and the need to create sanctions. It is observed that states and international organisations have failed to develop measures to curb their misuse and to overcome the shortage of water in some regions. We believe that the current situation can only be improved through the implementation of policies in terms of social responsibility and cooperative and the companies or the organisations in general.Publication Open Access Studies and comments: The private international law communitarization2018-12 - Anjos, Maria do Rosário; Almeida, André; Mimoso, Maria JoãoThe Community impact on private international law (PIL) began to be felt in the late 1990s. A phenomenon that would become a visible reality through an exponential increase in legal texts of community origin on issues related to PIL. Such was anchored in the concern to ensure the proper functioning of the internal market and the need to regulate private relationships that went beyond the limits of each state, enhanced by the freedom of movement (people, goods, services and capital), one of the cornerstones of European Union. This study aims to reflect on the creation of the International Law European Private and its impact on state PIL. A literature review will be conducted in order to understand the evolution of this reality after the Treaties of Amsterdam and Lisbon. We will use a deductive and speculative reasoning anchored the views expressed by the doctrine, law and jurisprudence. We will try to demonstrate the disuse of the classic PIL (of state origin) in relation to the community PIL.Publication Open Access Unidroit principles in international trade contracts’ regulation2019-05 - Anjos, Maria do Rosário; Sousa, Carla; Silva, Sara; Mimoso, Maria JoãoInternational trade has been facing a globalization process, which caused the inoperativeness of state laws in the field of business’s dynamics. It soon became necessary to create a range of rules to regulate these kind of relations. Firstly, merchants began to regulate them through habits and practices, that took roots over the years, in each market sector (lex mercatoria). After the first world war, there were several attempts to create a harmonized normative system, which would control international trade contracts. One of the main institutions that has widely contributed to the harmonization and unification of the commercial law is, undoubtedly, the UNIDROIT Institute, through its principles, which had been improved and completed throughout time, applying its rules to several legal systems. This research intends not only to describe the importance of these principles but also to demonstrate its contribution to international trade and explain the reason for its success. Moreover, the upgrades introduced in the last version (2016) will be mentioned. At last, we will focus on the legal nature of these principles.Publication Open Access Reconfiguração do consensualismo contratual: As ações tituladas nominativas e os limites à transmissão2014 - Rodrigues, Ricardo Alexandre Cardoso; Mimoso, Maria JoãoPartimos da evolução histórica do consensualismo contratual salientando os principais carateres que, nos diversos momentos históricos, se foram evidenciando. Numa segunda etapa exploramos os fundamentos dogmáticos do modelo de transmissão contratual assumido pelo legislador e a sua viabilidade no sistema jurídico global, em particular, no direito dos valores mobiliários. Constatamos a crescente necessidade na prática mercantil e inevitabilidade no sistema jurídico global da admissibilidade da existência de contratos de compra e venda de natureza meramente obrigacional. Num terceiro momento desenvolvemos os principais aspetos do regime jurídico aplicável às ações tituladas nominativas fora do mercado regulado, em particular, os principais limites à transmissão, enquanto instrumentos/ barreiras ao consensualismo contratual.Publication Open Access Services of general economic interest and foreign investment: Risks, opportunities and protection of human right2019-03 - Anjos, Maria do Rosário; Mimoso, Maria JoãoThe concept of services of general economic interest (SGEI) was enshrined in the Treaty of Rome in Article 90 (2) of its original version. It remained unchanged until the current version introduced by the Treaty of Lisbon. The services that public authorities of the EU member countries classify as being of general interest are, therefore, subject to specific public service obligations. They can be provided either by the state or by the private sector. The article 106 (2) TUE shows the importance of SGEI's by preserving the possibility of subtracting them from the principle of free competition which underlies the entire economic law of the EU. These are very profitable, monopolistic or oligopolistic economic activities, with all the resulting risks. We are talking about electricity, gas, water, telecommunications, transport, postal services, among others. Their importance led to the concept of universal service, it means that the goods and services they produce are essential to citizens life and social welfare (general interest), and, therefore, they are very important to the accomplishment of human rights and safeguard the dignified survival of citizens. These are activities that attract a great deal of interest from foreign investors, both in the EU economies and outside the EU. This study intends to reflect on the comparative principles in the analysis of the best model of market organization in the perspective of better serving the general interest of citizens and companies that operate in these markets. The research question, in summary, is: What are the risks of the global liberalization of the markets that supply goods and services of general interest?Publication Restricted Access Portugal: Simplification of debt collection in Portugal: National and EU perspective2014 - Bessa-Vilela, Noémia; Almeida, Cláudia Cordeiro; Mimoso, Maria João; Caramelo-Gomes, JoséPublication Open Access The progress clause in foreign investment contracts2019 - Anjos, Maria do Rosário; Mimoso, Maria JoãoThis study aims to reflect on the principles to be followed in the concrete consideration of the interests of the contracting parties in foreign investment contracts. The purpose of this reflection is to achieve a fundamental reference framework that can serve as a basis for decision-makers, judges or arbitrators faced with the task of resolving disputes arising from foreign investment contracts. The most common mechanism for settling disputes in this venue is international arbitration. In this research we analyse the phenomenon of arbitration as a paradigm in the solution of the emerging foreign investment litigation, its benefits and its contribution to greater legal certainty in the economic relations between the parties and in the social progress of the host state. Considering the legal concepts and the most relevant problems in the relations between the investing State and the host State, we intend to establish a logic based on equity, proportionality and the right balance between the interests of both. We try to find a meeting point between the economic interests of the investor and the social progress of the host State. International arbitration under the umbrella of ISCID, complemented by bilateral treaties (BITs) and investment contracts, requires an approximation of the two main objectives of foreign investment: efficiency in the return of investment and technological and social progress of the host State.Publication Open Access European regulation of international private relations: The emergence of a European private international law2019 - Anjos, Maria do Rosário; Mimoso, Maria JoãoThere is no doubt that we are experiencing increasing integration on the part of the European Union, which has triggered a growing substitution of Member States' legislation. Of all the sectors of law, private international law (PIL) is the one where the most influence of the EU is felt. Thus, our aim is to address a specific issue: the implications of the Amsterdam and Lisbon Treaties on private international law from the internal source. The communitarisation process increased sharply from these two milestones, as we shall see, have announced the death of the classic PIL. We will discuss the implications of the new powers of the European Union bodies in the PIL and the contribution of the Court of Justice of the European Union on the relevance of Community freedoms under the PIL. Therefore, a review of the literature and an analysis of some of the legal texts that matter to the PIL will be carried out. We want to highlight the changes that have taken place not only in terms of the competence of the European institutions in PIL but also in the strengthening of community freedoms. The deductive method will be used in the process of analyzing the transformations that have taken place in the field of PIL in order to conclude the true Europeanization of the PIL.