663 C _VIDEO PRESENTATION_GROUP 5_PORTUGAL

The legal system in Portugal is based on written laws and statutes.

It is different from common law system, which really basically on presidents Constitutional framework in 1976
Constitution of Portugal Service as the Legal System Foundation.The Constitutional Court which is made-up of judges
who guarantee that the constitution is followed is crucial in keeping these ideas. Branch of government Portugal
government is separated in three branches, the executive, Legislate and judicial.The President is the head of the state
and the Prime Minister is responsible for the government legislation.aws are developed mostly by the Parliament and
published in the official newspaper Court.The High Court of Law is at the top dealing with legal problem and
appeals.Administrative, employment and Constitutional court are also available legal education.In Portugal, legal
education normally consists of five years bachelor degree in law.Legal professional lawyers who give legal advice and
represent the client in court, as well as judges who preside over court proceeding are example of the legal professional
in Portugal.Legal reform modernize its legal system, increase access to the law and align with European Union laws
and N Portugal has undergone several several legal efforts.Because Portugal is a member of European Union, EU laws
are regulation have an impact into the legal structure and the constitutional law.

Portugal follows the civil law, traditional, which suggests that its legal system is higher.Highly organized contract,
family law, property and duty are among the many facts of civil life recovery and the court system and the court
system, the courts.

summary, the legal system in Portugal is based on civil law with a particular emphasize on written law.Portugal has a
civil law legal system, sometimes known as a Roman Gram, Grammanic or a European legal system.Instead of lawyers,
political apply and understand the law mostly by statutes, codes, and legal concept.

Portugal is essentially based on the return laws and codes.

ese codes contain substantial rules and the covered by rank of legal topics including civil, criminal, commercial and
administrative law. own set of law such as a Civil Code, panel code and Commercial Code.

But the civil law system plays a high value in law issued by the government and parliaments.These statutes are
considered as the basic source of law and judges most apply them directly to the situation.imited part of traditional
unlike common law system where previous court ruling play important part of forming the law, civil law systems such
as the Portugal depends on previous only to a limit degree.

While higher court decision can be conveniency, they have no effect on lower court and do not slap establish the legal
rules and in quiz it to real Portugal take in Cruz it real approach to the law in criminal case.This mean that rather than
depending only the adverse processes between both sides, judges activity, investigate matters and develop
information.

overview of its development media career 12 Until 15th century, Portugal's legal system started in media medieval
times.
Public of Portugal 20th century Portugal become a Republic in 1910, leading to new laws to match he new
government.The Portuguese Civil Code was updated in 1966 along with other modern changes.European Union
integration, late 20th century, the century.
In 1986, Portugal joined the European Economy Community and now the European Union, which means changing its
laws to follow EU rules. Portugal's legal system is based on civil law, influenced by Roman law and European
traditions.It has a constitution, a big set of laws and rule, and rules for government civil and criminal issues.
 Portuguese court system
Make sure laws and government actions follow the Constitution and protect basic rights.Usually its decisions can be
changed.Supreme Court of Justice handles civil and a criminal cases to make sure the law is used the same way
everywhere.People can ask for a review here.Supreme Administrative Court deals with government and tax law cases,
including challenges from other government.
Other government courts also reviews Tax Court decisions.
Court of the Court of the Auditors checks government money and how it's used.
Its decision are often final.
Traditional courts regular courts for different civil and criminal cases like arguments, crimes and family cases.
Administrative and Tax Court, Special courts for government actions, taxes and public law.
Arbitration courts.
Special courts for settling problems through arbitration.
Their decision are usually final and about important rules.
The Civil Procedure Code says how civil cases work.
The panel code tells about crimes, punishments and how court cases happen.
different laws laws apply to different kinds of cases.
Lawyers help people with legal problems and and reviews and appeal ensure ensure the law is used correctly and
everyone is treated fairly.
A Portuguese legal system tries to follow the law and make sure everyone gets fair treatment and judges and liars are
important for keeping the law in the country.

Portugal has a unique legal system which is quite different from many other countries in the world.The legal system of
Portugal is recently employed by its historical rich historical factors.
Its cultural and international influence and Portugal unique culture and historical content significantly influence the
interpretation and how it applied the law of the country.
Portugal operate civil law tradition which is very unique to its setting.
The cultural factors significantly employed contract negotiation.
So when doing business in in Portugal, you should always pay attention to the cultural factor because it employing
business negotiation, drafting and interpretation of business within its territory. Parties conducting business in
Portugal should be aware of this so that to be able to keep in line with the legal requirement.
major teams that is very important in Portugal when it comes to contract and doing business in Portugal.As relates to
the cultural influence in the country, number one key thing is trust and intimacy.Within Portugal, the Portuguese
people would always put first a good relationship before doing business, passing it, prioritize developing and
maintaining positive relationship over strict adherent to cultural contract terms, resulting in a flexible corporate
approach to contract with the willingness to accommodate changes and adjustment if it helped to preserve the
business relationship.
Another key cultural influence on the legal system when you look at business generally is the religious influence and
Portugal are the rich Roman Catholic heritage over the years and such and as of this affect is legal system. also majorly
when it come to contract drafting and developing a contract, Portuguese law and legal system will put in place in
family law, ethics and morality related areas.Parties may be more likely to include clauses that will plant ethical
principle and court may view contract dispute involving moral or ethical consideration differently from other
nation.The thought influence on the legal system when it comes to business doing business in Portugal is international
norms and influences at the nation economy become more integrated into the global economy.Intellectual property
protection law and international business contract development.
the impact of the Constitution on business law.
Now there are three key articles of the Constitution of Portugal, Article 61, Article 62 and Article 66.Article 61 clearly
state that the Constitution of Portugal promote economic freedom and acknowledge the role of private initiative
doing business in Portugal. are given economic freedom and allowed for private initiative.This provide the
constitutional basic for a market economy and establishment and operation of businesses.
Article 62 of the Constitution of Portugal guaranteed the right to property, not just only physical property.o doing
business in Portugal you're guaranteed of the protection of your private property right, which is also intellectual
property also.And it provide a fundamental principle for the doing business in in Portugal, property rights are crucial
for business, as you know, because it's a great access and investment within that country.
The third article is Article 66 of the Constitution of Portugal, which recognize the right to healthy environment, address
Environmental Protection in the constitution.
So if you're doing business that relate to having direct impact on the environment, there's in the Constitution of
Portugal, it has been captured and this has implication for business engage in activity that have impact on the
environment, necessary setting and direct to environmental regulation.

abor law rights and workers protection.

You must take care and ensure that every of the labor law is followed and ensure that your workers are treated
according to the stipulation of the constitution and in following the human rights law which protects labor rights.
Also the impact is impact business law that typically labor contract, workplace safety and collective bargaining.It also
protect the right to engage in economic activity subject to statutory and regulatory provision.The Constitution of
Portugal also recognizes international treaties as superior to domestic laws.This means that international agreement,
particularly those related to trade and commerce, can impact business laws in Portugal.As you very well know,
Portugal is a member of the EU and the trade agreement within the EU has direct impact on Portugal doing business
in Portugal.
And Portuguese legal system sees the requirement and the treaties among the EU as even very important for business
operating within Portugal.
The Constitution also established the principle of social welfare and customer consumer protection, which can impact
business practices and regulation concerning consumers.
lso the Constitution also probably discrimination on various grounds.So when during your employment processes
there should be no discrimination, whether based on sex, based on race or religion.So the Constitution protects
individual identities and ensure that there's no discrimination.
So actually that lays the foundation to understand the key legislation impacting the international companies.
So basically there is the first one is the company law which was established in 1986.
It forms a cornerstone for businesses in Portugal governing company establishment and operations
It includes detailed provisions on corporate governance and registration procedures, fundamentals for business
operations.
Secondly, that that is the key legislation is tax legislation which was guided by a corporate income tax code and VAT
code which was updated in 1989 and later on 2014.
It actually necessitates the diligent compliances by international companies to negate through Portuguese taxation
intricities.Thirdly, it is a labor law It was routed, it routed from 1970s and it regulates the employment contracts, labor
rights and working conditions requiring for profound understanding for effective employee management and
compliances.
The 4th one is the Data Protection which was arbitrated recently in 2018 and it safeguards data privacy which strict
with strict rules making GDPR that is General Data Protection Regulation Compliances a top priority for international
companies.Then fifth one is the Commercial Contract and Civil Code which was revised in 1960 and it is back from it is
still being into revisions in understanding the integral for negotiations and turning agreements and governs various
aspects on business transactions.The 6th one is the Competition Law which was established in 2012.It enforces the
competition and antitrust measures vital for business practices.The 7th one is the environmental regulations which
protects the natural resources and sustainability.Particularly crucial crucial for environmental how impact that is
industries like manufacturing and energy productions. Portugal actually adheres to the EU customs union rules, so it
links to the EU membership since 1986, which necessitates the understanding of EU imports, export rules, trade codes
and custom procedures for international trades with the country.
intellectual property law
, the Portugal follows the in the EU directives and and established the EU Property Intellectual Property Office that is
EU IPO in 1994 and pinning the importance of safeguarding the intellectual property rights then complying to the
Portuguese and the European Central Bank.That is ECB Financial regulation is vital for the international companies in
the financial sector including banking operations and international transactions.Likewise the comprehending
Portuguese immigration laws and work permit that actually is very essential for foreign workers hiring.Ensuring the
legal employment, health and safety also plays a crucial role for these things for employees, well-being and labor law
for compliances.

key rules surrounding the contracts in Portugal nation which share our commonities principles outlined in European
rules.
Firstly is the freedom of contract in Portugal.
It is generally opposed by allowing the parties to negotiate and agree on terms with contract required to be lawful and
having minimum formal requirements for validity, offering flexibility for businesses to structure contracts according to
the needs.

Second is the good faith that is party needs to engage.

Parties that are engaging in the contract must act in good faith during contract formation and performance.Good faith
that is actually implies to is honesty, fairness, consideration in dealing with each other, fostering trust and reliability in
business relationships.
Then the third part is consideration.
That is a valid contract in Portugal typically requires exchange of something in value between the parties.So it can be
monetary or it can be non monetary which is underlines the mutuality of the benefit in contractual relationships.
s a formalization which which actually is that the contractor doesn't necessary a specific form.ertain ones like real state
transactions must have written or and notarized.
The party should be aware of this specific formal requirements for particular types to ensure that the legal compliance
they are to ensure that they are following the legal compliances.
Termination and remedies.
Portugal law provides remedials remedies for contract breaches including damages and specific performances which
contract able to specify the termination conditions and notice periods for structured dispute resolutions.It emphasizes
on importance of understanding these mechanisms.

intellectual property protection

It has robust protection on the intellectual properties which is aligned to the EU directives and like the.It has a
trademark and patents that is registered with the Portuguese Institute of Industrial Property that is INPI.
The trademark provides the exclusive rights for 10 years with indefinite renewal and patents protect in invention up to
20 years forming a strong foundation for the protection foundation for protecting the innovative intellectual
properties.
Second is the copyright protection which automatically upon creating a literacy, artistic or any scientific work ensuring
that a life like lifelong protection for authors plus an additional 70 years to recognize the reward for the intellectual
contribution.
Then the third one is enforcement and the specialized course that is specifies intelligence.

Legal remedies and injections are available to protect the IP rights ensuring that violation are addressed effectively
and with the justification. Portugal's participation in international agreements like the World Intellectual Property
Organization, VPO and Agreement on the Trade related expects on intellectual property rights.

employment in Portugal.
in terms of time duration, the employees are allowed to work 40 hours per week, limiting to 8 hours per day.And
they're entitled to break like every five hours, which can be usually their lunch break.Employees must give give at least
like weekly arrest to their employees which is like at least a day.
And one employee can take at least 11 hours of break if they're working to consecute of days.
So the minimum wage in Portugal is 886.7 euros per month and though this is as per the 2023 terms and conditions
and it can also change every year based on the employment contracts that the employer has, particular national
minimum wage is regularly updated to reflect changes in the cost of living and inflation as well.overtime for the first
hour, hourly rate is usually hourly rate plus 25%, for anything more than the first hour is hourly rate plus
37.5%.Companies with more than 50 employees may ask for up to 150 hours of overtime per year for employee, while
smaller companies may ask for up to 175 hours per year.Portuguese employment payment, condensed and
Portuguese salaries are split into 14 payments throughout the year rather than 12 monthly salaries.So the pay is also
doubled during Christmas and summer holiday, which are basically counted as statutory bonuses.Even when there's
organization restructuring, that's when only when the employees can be fired or removed from the organization.
nd the other unusual law is that employment employers must pay to Social Security.
So employee employees are deemed to get 22 working days of leave each year along with 14 national holidays plus
several regional and optional holidays and sick leaves is not included in the part of the but the Portuguese Social
Security pays for those if it exceeds a certain amount of days.

Then there comes a point which is that employee training isn't optional.
So every employee who works in Portugal and it's full time should at least go for like 40 hours of training to aid the
professional growth and it can be done during their work.

Or As for their convenience and misclassifying an employee can cost you 1000 which which means like if there's full
time employee and they are misclassified as freelancers then there are very high fines that are levied by the Portugal
authorities.It can result up to like €9000 and these are legally binding.So any employee who works in organization are
under a non disclosure agreement in which they it it protects the firm's intellectual property, business strategies or
client information.
If any employee overrules that, then they are subject to the Criminal Code and Labor Code of Portugal, and they are
they can be imposed with prison sentences of fines whoever employee tries to leak out the secrets of the organization.

And one unusual, most unusual law is that improved bosses are not allowed to contact Portuguese employees after
hours and have to work hours.And this came into action in 2021 when the Portuguese parliament passed this law so
no employees can be contacted after the work, whether through text mail or calls.And it was done because of the
COVID pandemic when everyone was remotely working.This was also to protect the work life balance of the
employees, and if any organization fails to do it, then it may result in fines.
legal risks that any businesses would face if they work with Portugal.

in legal, as first comes contract law and so if any firm enters into a law which is like crucial before starting the business,
so it is necessary to have it duly drafted.With all the terms and conditions in place, any misunderstandings of fully
drafted contracts can lead to legal disputes.Contractual disputes with partners, suppliers, all customers can be time
consuming and costly clear and well drafted contracts along with dispute resolution mechanisms and essential to
mitigate this risk income taxation and customs.Tax evasion or improper reporting can result in financial penalties and
legal consequences, corruption and bribery.
Regulatory compliance Portugal has a complex regulatory environment and businesses must comply with various laws
and regulations.
Environmental regulations.
So if there's any form that doesn't meet with the environmental standards of the Portuguese setup, then they are
supposed to pay fines for in harming the environment in any way.
Data Protection and Privacy.
Data breaches or any violations of privacy regulations can lead to substantial fines, labor and employment issues .
Failure to comply with legal regulations can lead to legal disputes, financial penalties, and antitrust and competition.
Also companies must adhere to competition and antitrust laws to prevent anti competitive behavior and also it leads
to lesser monopolistic practices in the business environment, foreign investment regulations.So certain invest
industries that are there in Portugal might be restricted to inflow of foreign investment, which is important to be aware
of because if the money flows in wrongly in the business then it might not be authorized to function ahead.intellectual
property, it is very important to protect it failure to do so can result in IP theft, infringement and litigation. to mitigate
these risks, it is always advised to have a legal counsel and conduct through due diligence and establish robust
compliance and risk management programs.dditionally, staying updated on the changes in Portuguese laws and
regulations is crucial for maintaining legal compliance and ensuring the long term success of a business that is
functioning in Portugal.