EDITORIAL – February 2017

Daniel Amarale-legal0 Comments


During the month of February, the Ordinance n.º 60/2017 of 07th of February was approve and published, allowing an expansion of the services provided by the Public Administration for the sharing of goods following an inheritance or divorce proceeding.

From now on, it will be possible to perform in a single act before the Public Administration both the sharing and the celebration of bank loans and mortgages, to facilitate the compensation required in the sharing of assets. Therefore, the parties can guarantee that the whole procedure can be conduct in a faster, cheaper manner.

We also highlight the approval of several agreements for the Exchange of Information in Tax Matters between Portugal and the Turks and Caicos Islands (Parliament Resolution no. 20/2017 of February 14th), Belize (Parliament Resolution no. 23/2017 of February 14th), British Virgin Islands (Parliament Resolution no. 25/2017 of February 16th) and the States of Guernsey (Parliament Resolution no. 27/2017 of February 17th).

Regarding the case-law, we would point out as subjects of interest the Judgement of the European Union Court, of 16 February 2017 (C-555/14), the decision of the Judgment of the Supreme Administrative Court, of February 2nd, (0793/16) and the decision of the Constitutional Court n.º 86/2017, of February 16th (792/2016).

The Constitutional Court judged that the article 7, number 3 of the Law n.º 34/2004 is unconstitutional, since it forbids commercial companies with the purposes of profit to request for free legal assistance, without even considering the economic situation of the company.

Finally, in the Council of Ministers, it was approved the draft of the Decree-Law to approve a new Statute of the Republican National Guard.

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