Os danos não patrimoniais nas sociedades comerciais
: a controvérsia na doutrina e jurisprudência portuguesas

  • Joana Fontinhas da Silva Aguiar (Student)

Student thesis: Master's Thesis

Abstract

The present dissertation delves into the feasibility of commercial societies being holders for non-patrimonial damages, aiming to achieve a standpoint that reaches consensus. In fact, the evolution of legal praxis towards recognizing the legal persona of merchant entities promotes discussions about the adaptability of regimes genetically designed for the Human Being – ownership and compensation for non-patrimonial damages is one of them. This dissertation starts by clarifying the key-points on nonpatrimonial damage, subsequently expounding relevant matters related to commercial societies, namely their personality and legal capacity of enjoyment. The interweaving of the two gives rise to the main question, as we finally debate the arguments in favour of denying this ownership to the aforementioned entities.
Date of Award27 Nov 2020
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorIsabel Menéres Campos (Supervisor)

Keywords

  • Civil liability
  • Non-patrimonial damages
  • Commercial societies
  • Legal person
  • Legal capacity for enjoyment
  • Profitable scope

Designation

  • Mestrado em Direito

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