Legal Literature

  • Legal Literature Details
    • Member State: Portugal
    • Title: The transposition of the Unfair Commercial Practices Directive through Decree-Law No. 57/2008, of March 26th
    • Subtitle:
    • Type:
    • URL:
    • Author: A. SOVERAL MARTINS
    • Reference: Estudos em homenagem ao Professor Doutor Carlos Ferreira de Almeida - Vol. I, 2011, pages 569-585
    • Publication Year: 2011
    • Keywords: general discussion on the national implementation
  • Directive Articles
    Unfair Commercial Practices Directive, Chapter 1, Article 2 Unfair Commercial Practices Directive, Chapter 2, Article 5 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 6 Unfair Commercial Practices Directive, Chapter 2, Section 1, Article 7 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 8 Unfair Commercial Practices Directive, Chapter 2, Section 2, Article 9 Unfair Commercial Practices Directive, Chapter 3, Article 10 Unfair Commercial Practices Directive, Chapter 4, Article 11 Unfair Commercial Practices Directive, Chapter 4, Article 12
  • Headnote
    This article discusses the relevant changes imposed by the transposition of the UCP Directive and makes some remarks. As an example, the author points out that the Portuguese regime regulating unfair competition is already set out in the Industrial Property Code. 

     

    Further the author notes that the Portuguese legislator places commercial practices that materially distort or may distort the economical behavior of consumers side by side with commercial practices that affect the consumer. 

     

    Next, the author points out that instead of using the expression “material information”, which is used in the Directive, the Portuguese legislator refers to “material requirements” and omits any mention of the issue of the ambiguous presentation of the material information;

     

    Finally, certain information is considered substantial not only when there is an invitation to purchase but also in the event of a contractual offer.
  • General Note
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