THE AFTER-INFRINGEMENT POSITION FOR THE AGGRIEVED PARTY IN PORTUGUESE LAW – An article about the issue of “mitigation of damages”, explaining how the concept is not foreseen in Portuguese law and debunking the idea that the same practical effect may be achieved by recourse to the existing concept of “culpa do lesado” (“contributory wilfulness or negligence”) (read full article)
ARREST OF VESSELS IN PORTUGUESE JURISDICTION - FLAG ISSUES - Portugal is a party of the BC Arrest Convention 1952 and arrests of vessels are largely facilitated by the respective regime for claims listed in such convention. The convention, however, has a different effect in relation to vessels flying member state or non-member state flags (read full article)
CARRIER’S LIABILITY FOR DELAYS AND RIGHT TO LIMITATION IN CASE OF NEGLIGENCE – An article about Portuguese jurisprudence on the topic of the liability for delays under the Hague Rules and on how the limitation of liability works in those cases. A critical look into the judgment of the Court of Appeal of Lisbon of 18.02.2020 (case number 97/12.0tnlsb-7) (read full article)