Disgorgement of profits in Portugal: a journey between the present and the future

Research output: Chapter in Book/Report/Conference proceedingConference contributionpeer-review


In Portuguese private law, as it happens in other legal systems in continental Europe, the removal of the benefits obtained by the injuring party as a result of his committing the unlawful act do not fall within the scope of civil liability. In general, the restitution of patrimonial advantages obtained via intervention in the legal rights of another has been dealt with in law according to the rules of unjust enrichment. However, in our view, there is a relationship between the presuppositions of civil liability and the recognition of the duty to disgorge illegal profits and, even, of punitive effects. According to Article 496 (1) of the Portuguese Civil Code, any non-patrimonial damage which, due to its severity, warrants legal protection is indemnifiable. We advocate that a relevant non-patrimonial damage occurs whenever an economic benefit for a third party is the result of the culpable sacrificing of rights of the injured party. It is damage which is born out of a rupture in the fair patrimonial relationship between individuals. Compensation for this damage may only, naturally, be achieved by passing into the sphere of the injured party the advantages that the third party obtained unlawfully. The restitution of profit as a consequence of civil liability is nothing more than complying with the need to satisfy the injured party, both with regard to the fixing of compensation for other non-patrimonial damage, and in the autonomous restoring of the situation prior to this harm.
Original languageEnglish
Title of host publicationDisgorgement of profits
Subtitle of host publicationgain-based remedies throughout the world
EditorsE. Hondius, A. Janssen
PublisherSpringer International Publishing AG
Number of pages16
ISBN (Print)9783319187587
Publication statusPublished - 2015
Event19th Congress of the International-Academy-of-Comparative-Law - Vienna, Austria
Duration: 1 Jul 20141 Jul 2014

Publication series

NameIus Comparatum-Global Studies in Comparative Law
ISSN (Print)2214-6881


Conference19th Congress of the International-Academy-of-Comparative-Law


  • Disgorgement Portugal
  • Restitution Portugal
  • Damages Portugal
  • Unjust enrichment
  • Negotiorum gestio
  • Non-patrimonial damages
  • Punitive damages
  • Administrative offences
  • Private enforcement


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