EDITORIAL – September 2016

Daniel Amarale-legal0 Comments

I. EDITORIAL – ESTABLISHMENT OF THE LEGAL FRAMEWORK`S OF THE REGROUPING SHARES FOR THE COMPANIES THAT ISSUE NEGOTIABLE SHARES ADMITTED IN REGULATED MARKETS OR IN THE MULTILATERAL TRADING FACILITY

In legislation matters, the month of September was marked by the establishment of the legal framework of the regrouping shares for the companies that issue negotiable shares admitted to the regulated markets or in a multilateral trading facility.

The preamble of the decree-law n.º 63-A/2016, of September 23, noted that the shares’ regrouping is an operation that can take values to the companies with shares admitted to trading in regulated markets or in multilateral trading system, which may be essential to the creation of the current legal framework.

Additionally, we shall emphasize the Ordinance nº 246/2016 of September 7th, which regulates the direct access, through electronic means, to the court’s computer support system, as to the judicial directors and the justice assistent´s monitoring commission, within those several duties, in such way to allow a better performance of the system by each one, and the Decree-law nº 60/2016 of September 8th provides specific rules that allows the effective establishment of public service rending of flexible passenger transport, integrated in a systemic offer of “combined mobility” and understood as an additional and non-current way to  collective regular public transport system or individual public transport – taxi – whose gaps and shortcomings are meant to be rectify by this Decree-Law.

In a case-law framework, we point out the judgement of the Supreme Court of 13th September 2016 and the Judgement of the Supreme Court of the 8th September 2016, Case n.º 1952/13.6TBPVZ.P1.S1.

The first judgement asserts that the article 20 of the Treaty On The Functioning Of The European Union should be interpreted in opposition to the rules of a member state which impose the expulsion of a national who has had a criminal sentence, from that member state, to another one, when the expulsion of that national imposes that his/her child – who was born and lives in that state member, and hasn’t exercised her/his right of free movement – has to leave the EU country, restricting her/him of their effective full rights as an EU citizen.

The second judgement recognizes that the “economical pure damages (also designed as only property damages or pure property damages) – those in which there is an economical loss (property loss) without a previous allocation of a legal position fully protected – are not repairable according to the non-contractual civil liability, except in case of rules infringement headed to protect other interests (as the rule of the article 483 nº1 of the Civil Code) or in certain assumptions as the articles 485 and 495 of the Civil Code, or even when it confirms abuse of law while source of civil responsability”.

At last, it can still be noted the approval of the preliminary draft by the Ministers Council of the planning choices and the Proposal of Law that establishes a temporary system which applies to declarations of incomes of the personal income tax of the year 2015 to predict the possibility to present the declaration of incomes with the choice of joint taxation after the deadline laid down in the Tax Code about the personal income.

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