Mimoso, Maria João

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Mimoso

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Maria João

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Maria João Mimoso

Biografia

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.

Projetos de investigação

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Organização
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.

Resultados da pesquisa

A mostrar 1 - 10 de 55
  • PublicaçãoAcesso Aberto
    Reconfiguração do consensualismo contratual: As ações tituladas nominativas e os limites à transmissão
    2014 - Rodrigues, Ricardo Alexandre Cardoso; Mimoso, Maria João
    Partimos 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.
  • PublicaçãoAcesso Aberto
    International contracts in the EU Conflictus Iurisdictionum et Conflictuum Legum. What future?
    2024-02-01 - Mimoso, Maria João
    This article aims to give a general overview of the way in which international contracts are regulated within the European Union, problematizing the implications of the conflictual approach in the designation of the applicable law. For a better contextualization of the problem, we will analyze, primarily, the jurisdiction rules of Regulation Brussels I bis - Regulation (EU) No. 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (recast) - only in contractual matters, and then the conflict rules of the Rome I Regulation – Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the applicable law to contractual obligations - maxime articles 3 and 4.This methodology is justified due to conflicts of jurisdiction; competence standards of the courts (including the possibility of the parties entering into pacts which assign jurisdiction) positioning themselves, chronologically, before the issue of the law applicable to the situation/conflict to be resolved (this by determining the principle of autonomy of the parties in choosing the applicable law to the contract or, in the absence of choice, through the “supplementary criterion”). Finally, we will seek to discuss the possibility of, under the principle of autonomy, the parties referring to nonstate law and what its implications are.
  • PublicaçãoAcesso Aberto
    The need for a harmonious interpretation of the rules applicable to international contracts
    2022-03 - Azevedo, Liz Corrêa de; Mimoso, Maria João
    International trade, as of result of globalization and the consequent exponential growth in the operations volume, has brought a movement of reflection on the disciplinary rules of international trade relations. In this context and considering the significant divergences between the legal regimes of the different States, the instruments of standardization and harmonization of the international contracts’ disciplinary rules assume special importance. Notwithstanding the existence of normative instruments that guide the formation and execution of the signed agreements, it is imperative that the hermeneutic activity of such texts is also harmonious, under penalty of distorting the purpose for which they were conceived. Through the analytical method, we will approach the unifying rules and principles of the process of interpreting contracts in the international scenario. Initially, we will present the principle that guides the entire process of interpreting international contracts, pointing out the fundamental principles in conducting the interpreter's activity. We will also note the importance of usages and customs in the interpretive process. Finally, we will analyze the rules on the interpretation of contracts and unilateral declarations of the parties contained in the Vienna Convention on the International Sale of Goods 1980, CISG, and in the UNIDROIT Principles applicable to international commercial contracts, version 2016.
  • PublicaçãoAcesso Aberto
    Legal clinics, a challenge for the teaching of law
    2018 - Anjos, Maria do Rosário; Miranda, Carlos; Mimoso, Maria João
    The teaching of law has experienced new challenges, especially with globalisation and the changes introduced by the Bologna process. However, it has been difficult to implement them before the insistence of the traditional methodology of expository lessons, deeply rooted in the cycles of law. One of the current challenging methodologies is the legal clinics, as a dynamic and providing tool for active learning and facilitating the acquisition of practical competences. The legal clinics offer the possibility of a teaching based on life cases, allowing students to observe the effective or simulated representation of legal cases, developing skills, also appealing to the values and ethics that are imposed on a future jurist, be a lawyer or a magistrate. The purpose of our study is to raise awareness of the paradigm shift in the teaching of law, especially in Portuguese schools. The legal clinics will raise awareness of civil society, instilling reliability in the legal services.
  • PublicaçãoAcesso Aberto
    Accelerated arbitration: An expedited method of resolving disputes
    2022-06 - Mimoso, Maria João
    When we speak of international commercial arbitration, we refer to arbitration that has as its object the resolution of commercial disputes on an international scale, between individuals or legal entities, whether these are companies or even States. In the vast majority of situations, we are dealing with commercial relationships of the most di- verse nature, including international purchase and sale contracts, large-scale contracts, and license agreements in the field of intellectual property, among others. The advantages of international arbitration lie in its effectiveness when confronted with state justice, due to the neutrality of the arbitration forum, the precise knowledge of the arbitrators, the greater flexibility of the arbitration process, confidentiality, among others. However, it turned out that, in reality, there are problems. Over the last few years, the players have expressed some concerns, especially about the costs and the extension of procedural deadlines, which has made arbitration less appealing and increasingly equated with the justice of state courts. It should be noted that medium-sized companies are the most af- fected, either because they do not have the possibility of accessing this form of justice, not knowing it, or because they consider it to be very costly in view of the procedural costs it entails. With the purpose of harmonizing expedited arbitration, UNCITRAL cre- ated and made available on September 19, 2021, the Expedited Arbitration Rules that can be adapt by the parties. The figure of accelerated arbitration comes, therefore, to present itself as an optimized and simplified process, showing shorter deadlines so that disputes can be resolved quickly and economically. Given the novelty and importance of the sub- ject, we intend to reflect on this new arbitration modality and its consecration by the most prestigious arbitration institutions, e.g. international Chamber of Commerce; American Arbitration Association; Arbitration Institute of the Stockholm Chamber of Commerce; Swiss Arbitration Association.
  • PublicaçãoAcesso Aberto
    The access to services of general economic interest as Human right
    2019-05 - Anjos, Maria do Rosário; Mimoso, Maria João
    The 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.
  • PublicaçãoAcesso Aberto
    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 João
    A 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.
  • PublicaçãoAcesso Aberto
    Digital teaching-learning in law
    2020 - Anjos, Maria do Rosário; Mimoso, Maria João
    Distance learning, or DL, in higher education institutions in Portugal, has become a priority for the Portuguese government, focusing mainly on the extension of this type of education to the Portuguesespeaking world. This priority reflects the guidelines for the 2018-2030 technological and business innovation strategy, approved by the Council of Ministers, and included in the National Digital Skills Initiative 2030 that concretizes a strategy for the country's digital development. However, our current reality, as a result of COVID-19, imposes the use of these tools to all teaching, from basic to higher education, to minimize the impediment of face-to-face classes. Thus, DL is an alternative model to be implemented and tested, now, on a large scale. It is important to underline that DL should be viewed as a modality of education for the democratization of knowledge, where it will be available to anyone who wants to know about it, regardless of place, time and formal teaching structures. In addition to the use of complete and intelligent platforms, with instruments capable of assessing different skills and competences, distance learning is more individualized and focused on the student. Studying online gives more space for students to manage their own time, which favors productivity, concentration, and motivation. Instead of periodic tests and assignments focused on only one piece of content, DL facilitates continuous evaluations, which provide immediate feedback on performance. The spaces for discussion between student and teacher in the forums are tools for the active construction of knowledge, in search of the truth, and not for the answer to a question put on a test. This poses a new challenge, namely, the assessment of students, assuming the use of a whole new set of teaching methodologies. But it is also an unprecedented opportunity. In this paper, we focus on these and other challenging aspects in DL and propose some solutions to its implementation, in the area of Law, which is traditionally conservative and little receptive to the use of new technologies as essential work tools for the current world. We will have as our base the state of the art “distance learning” and the analysis of this mechanism in the current context and, in this case, in the teaching of Law.
  • PublicaçãoAcesso Aberto
    New mediation challenges: A look at the extraterritorial effectiveness of mediation agreements in the scope of international trade
    2022-04 - Mimoso, Maria João
    The globalization of international trade has deserved attention from several international organizations in order to harmonize the regulation of commercial relations between companies. In parallel with this movement, which was triggered mainly by the United Nations Commission for International Commercial Law (UNCITRAL) and the International Institute for the Unification of Private Law (UNIDROIT), another concern arises, linked to the solution of disputes arising from those contractual relationships. In the last few decades, arbitration has been a pioneer as a privileged way of resolving conflicts in the international trade’s scope, although there has been some skepticism regarding this alternative means, especially in the context of foreign investment relations. The pandemic caused by Covid-19 has decisively contributed, due to the timely failure contracts’ compliance, for a greater reflection on the Alternative Dispute Resolution (ADR), with emphasis on mediation because of its procedural simplicity, as it constitutes a self-reporting mechanism, with the solution being reached by the parties themselves, and, consequently, more easily feasible. In terms of international trade relations, the use of this means has been scarce, due to the lack of harmonized international regulations that facilitate the extraterritorial effectiveness of the mediation agreements reached. In this sense, the United Nations Convention on International Agreements Resulting from Mediation emerged, adopted by consensus by the United Nations General Assembly in December 2018 and signed in Singapore on 7 August 2019 (Singapore Convention). We will analyze this last instrument in conjunction with Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters, noting that no European Union state, to date, has signed that instrument. We will conclude with a critical analysis of the solutions incorporated in the Convention in order to understand the European skepticism regarding its text. We will use the deductive method starting from the analysis of the regime established in the aforementioned instruments to enumerate the main dilemmas that the Singapore Convention poses.
  • PublicaçãoAcesso Aberto
    Consumer protection in transnational relations: The contribution of the EU
    2019 - Anjos, Maria do Rosário; Mimoso, Maria João
    Up 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.