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Abstract: Constitutional values are slowly but surely gaining territory in private law relationships and disputes – see the scholarly discussion on the so–called ' Drittwirkung' (horizontal effect) of fundamental rights. While examining the example of linguistic and minority rights, this article...
Abstract: The 1965 Dutch Supreme Court case known from its facts as the ‘ Kelderluik’ or ‘ Cellar Hatch’ case is both a legendary and landmark case in Dutch law. The opened cellar hatch is archetypical of liability for all situations of increased danger. The scenario's facts have a simplicity...
Abstract: In the Portuguese legal system, consumer rights are considered fundamental rights. According to the law, the Constitution's provisions with regard to rights, freedoms and guarantees are directly applicable to and binding on public and private persons and bodies. So the question is:...
Abstract: The theory of the horizontal effect of fundamental rights or Drittwirkung , according to which fundamental rights apply in relationships between private parties, is proclaimed as an innovative and enriching recalibration of private law. Illustrated by means of the issue of conditional...
Abstract: This manuscript intends to analyze the effectiveness of the submission of the Portuguese private law legislator to fundamental rights, namely, the fundamental right to adopt. It aims to verify the constitutionality of civil restrictions on the right to adopt, stressing the prohibition...
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