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 Das contas colectivas solidárias no caso de morte de um dos seus cotitulares: uma nova perspetiva da aplicação da aplicação do art. 516.º do código civil português.2014 - Rodrigues, Ricardo Alexandre Cardoso; Mimoso, Maria JoãoA modernidade trouxe a desmaterialização de diversas realidades, ex maxime a moeda/papel, e a instantaneidade das operações. Aspetos que deverão ser tidos em consideração no apurar da vontade real aquando da declara- ção negocial. De facto, a abertura de uma conta coletiva solidária pode con- ubstanciar uma doação manual, nos termos do art. 516.º cc. entendimento diverso pressupõe um total desenlace entre o facto e o direito, realidades que devem estar em profunda harmonia.Publication Open Access Consumer protection in transnational relations: The contribution of the EU2019 - Anjos, Maria do Rosário; Mimoso, Maria JoãoUp to now, it has not yet been possible to build a universal normative body under contract law, each state having its own. The plurality of existing regulations often creates legal uncertainty, undermining the legitimate expectations of the parties. To minimize these problems the Rome I Regulation on the law applicable to contractual obligations provides that the law applicable to headquarters of international contracts. It enshrines the principle of the autonomy of the will of the parties, seeking that the solution be the same in all EU Member States. That legal text also indicates, by contract categories, which law is applicable in the event of lack of choice. The EU was aware of certain categories of contracts, in particular the consumer contract, for which it chose a special scheme. Our approach will directed to the rules applicable to consumer contracts. We will highlight the need to protect the weaker party, taking into account the principle of more favorable treatment. The EU has continued to devote also to those contracts the possibility of the parties to choose the applicable law, but respecting some limits. We will review the European literature on the subject and try to interpret the law by highlighting its shortcomings, with reference to some jurisprudence of the CJEU. The Rome I Regulation on consumer contract seat establishes a minimum status, the application of the law of the consumer's habitual residence, imposing certain conditions. However, the legal system does not cover all consumers. We will try to show which consumers can invoke this law. Regulation protects only passive consumers, those for whom the trader directed its activity, does not apply to active consumers, moving to another state and then acquire products or services to a professional.Publication Open Access The access to services of general economic interest as Human right2019-05 - 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. The importance of access to these SGEI's 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 survival and dignity of citizens. It is in this context that the principle of banning social setbacks Is particularly important. This study intends to reflect about the fundamental right of access to the services of general economic interest as an efective human right.Publication Open Access Arbitration in foreign investment: A meeting point between investor interest and social progress2017 - Anjos, Maria do Rosário; Mimoso, Maria JoãoThis study aims to reflect on the principles to be followed by the concrete weighting of interests of arbitration decisions to resolve disputes between the investor and the host State. Thus, it analyzes the phenomenon of arbitrage as a paradigm in the solution of emerging foreign investment litigation, its benefits and its contribution to greater legal security in economic relations and social progress. Considering the legal concepts and the most relevant problems in the relations between the investor state and the host State, we intend to establish a rationale based on equity, proportionality and the right balance between the interests of the States concerned: a meeting point between the interest of the investor and the social progress of the host state.We follow a strictly conceptual methodology, implementing a comparative law analysis. We will present a review of the national and international literature and a jurisprudential analysis.Globalization imposes new forms of investment protection and recourse to other means of settling disputes, including recourse to investment arbitration. It is intended to avoid the courts of the recipient country, with all resulting problems, e.g. the lack of impartiality and celerity. Arbitration decisions should reflect the interests involved, avoiding a purely economic analysis of the problems. Arbitrage should bear in mind the fact that foreign investment is an engine for social and civilizational progress.International arbitration under the umbrella of ICSID, complemented by bilateral treaties (BIT) and investment contracts, requires an approximation of the two major objectives of foreign investment: efficiency in return of investment and social progress of the host state, making all process and guaranteeing human rights in presence.Publication Open Access Students in higher education as consumers of services provided by the University2018 - Anjos, Maria do Rosário; Miranda, Carlos; Mimoso, Maria JoãoThe purpose of this study is to understand the scope of applicability of the norms foreseen in the Consumer Protection Law to the relations established between the Portuguese higher education institutions, public and private, and the students who attend them. We critically analyze the fact that the jurisprudence considers the relationship of the student with a public higher education institution as a tax relation, because it is based on a synallagmatic scheme of remuneration of a public education service provided, constituting the fee the due pecuniary compensation. A review of the literature will be carried. We will use a deductive and speculative reasoning based on the positions defended by foreign doctrine, law and jurisprudence. The purpose of our reflection is not only to call attention to the precarious system that the law offers to the sub judice problem, but also to the necessary protection of those rights.Publication Open Access The teaching of law post Bologna2018 - Mimoso, Maria João; Magalhães, Bárbara; Caramelo-Gomes, JoséThe Bologna process aims to harmonize European Higher Education. This implies serious changes and challenges for the Legal Higher education institutions and scholars, as this realm of knowledge should now provide skills for the exercise of a legal profession at a transnational level. Law teaching in most institutions simply tried to cope up with the Europeanization process by introducing pale cosmetic changes and therefore not adapting to the European reality and needs. The main objectives are to summarize Bologna’s objectives applied to the teaching/learning of law, assessing various solutions and cases and trying to deliver a ‘best practice’ draft. After a comprehensive study on the implementation of the Bologna process and its results, we will be able to make a critical judgment on the teaching of law. Matter ‘de iure condendo’ proposes education policies that enable a holistic view of the law.Publication Open Access How oil contracts affect human rights2019-03 - Alves, Clara de Sousa; Gonçalves, Diogo Filipe Dias; Alves, Pedro Miguel Ferreirinha Pinto; Mimoso, Maria JoãoSince the beginning of the 19th century, we have assisted major proliferation of the oil and gas industry. This phenomenon of exponential growth is due to the fact that oil companies hold the world’s oil monopoly on the extraction, processing and commercialization. Therefore, as being one of the most influential sectors in the world, is crucial to strictly regulate how oil and gas contracts concerns the potential environmental and social impacts arising from the conduct of petroleum operations and how such behavior affects the human rights. As a matter of fact, the social issues field is an emerging area, and despite such importance, oil contracts do not often deal with them in great detail, corresponding to an actual emptiness of the human rights provisions. In terms of responsibly, oil companies, have an inalienable obligation to ensure that their actions do not violate human rights or contribute for their violation. This study aims to trace a detailed analysis of the impact of the oil and gas agreements in human rights. In order to fully comprehend the deep effects of this industry, we will examine, in detail, numerous of published oil and gas agreements, as well as, decode which are the real standards and practices accepted by this industry. We will use a deductive and speculative reasoning. We will try to demonstrate how incipient and short protection is given to human rights and what responsible conducts must urgently be developed.Publication Open Access A proteção do direito à imagem (comentário ao acórdão STJ de 13-01-2011).2013 - Rodrigues, Ricardo Alexandre Cardoso; Mimoso, Maria João; Magalhães, BárbaraPublication Restricted Access Free Competition in EU: un Exploratory Study about Tax Benefits to Foreign Investment as a Distortion Measure of Free Competition2021 - Anjos, Maria do Rosário; Mimoso, Maria JoãoThis is an exploratory and comparative study about the political and institutional constraints of tax harmonization in EU and its effect on free competition. Objectives: to explore and compare the different tax systems in EU members for answer three questions: there are or not a disloyal competition resulted from the differences in tax between EU countries? Which is the impact in foreign investment in EU countries? Why EU do not have more tax harmonization to fight against tax disloyal competition between members States? Methodology: we used the comparative study about income taxes in several EU countries and the relation to GDP, as well the deductive method to analyze the results we find and some reference studies on the subject. Results: the principal reason for less tax harmonization is the great advantages for the biggest and strongest economies in EU. Secondary, they did and still do use the tax system for introduce a new way of disloyal and dissimulated competition between countries members. European governments don't want tax harmonization. Some of them has used tax benefits to catch more foreign investment, economic growth and avoid an effective free commercial competition.Publication Restricted Access