Do conceito de obra no contrato de empreitada
: reflexões doutrinais e jurisprudenciais

  • Rui Pedro Rodrigues de Almeida Leite (Student)

Student thesis: Master's Thesis

Abstract

Given the simplicity of the wording of article 1207 of the Portuguese Civil Code, it is extremely difficult to understand whether the letter of the Law establishes a concept of work, in the works contract, in a restricted or wide sense, i.e. if it is restricted to an idea of an imminently material work or if it extends to immaterial works, namely intellectual ones. Due to this doctrinal and case-law instability revolving around the concept of work, this dissertation was carried out with the aim of drawing conclusions about this topic. In order to do so, an analysis was conducted, which concerns the topic’s historical evolution, the 1966 Civil Code preparatory works, comparative law, doctrine and case-law. Special attention was paid to the Supreme Court of Justice rulings of 3 November 1983 (RTP vs. FILMFORM in Boletim do Ministério da Justiça, n.º 331, pp. 489 and ss.) and 2 February 1988 (António Pinheiro vs. Mário Andrade), as well as the legal opinions by Professor Antunes Varela and by Professors Ferrer Correia and Henrique Mesquita. The analysis allowed for the conclusion that the tendency, in Portugal, requires an adoption of a restrictive concept of work, even though, in recent times, we have been witnessing a broadening of horizons, namely, an adhesion to a broad or very broad vision by Portuguese Courts.
Date of Award31 Jan 2017
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorMaria João Romão Carreiro Vaz Tomé (Supervisor)

Keywords

  • Contract work
  • Work
  • Restricted concept
  • Broad concept
  • Law of obligations

Designation

  • Mestrado em Direito

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