Portuguese law

Portuguese law is a comprehensive and complex system that governs the country of Portugal. It is based on a combination of civil law and European Union law, and is influenced by the country's history, culture, and geography. The Portuguese legal system is divided into several branches, including civil law, criminal law, and administrative law. The law of Portugal is also subject to the principles and regulations of the European Union.

Overview of Portuguese Law

The Portuguese legal system is based on a codified system of laws, with a focus on civil law and Roman law. The Civil Code, which was introduced in 1966, is the main source of civil law in Portugal. The Constitution of Portugal, which was adopted in 1976, sets out the fundamental principles and rights of Portuguese citizens. The Constitutional Court of Portugal is responsible for ensuring that the laws of Portugal are in line with the Constitution.

Sources of Portuguese Law

The sources of Portuguese law include the Constitution, international treaties, and European Union law. The Constitution is the supreme law of the land, and all other laws must be in line with its principles and provisions. International treaties, such as the Treaty of Lisbon, and European Union law, including EU directives and EU regulations, are also an important source of Portuguese law. The law of the European Union has a significant impact on Portuguese law, and Portuguese courts are required to apply EU law in their decisions.

Branches of Portuguese Law

The branches of Portuguese law include civil law, criminal law, administrative law, and labour law. Civil law governs the relationships between individuals and organizations, and includes areas such as contract law, tort law, and property law. Criminal law deals with crimes and offenses, and includes areas such as penal law and criminal procedure. Administrative law governs the relationships between individuals and the state, and includes areas such as administrative procedure and public procurement. Labour law regulates the relationships between employers and employees.

History of Portuguese Law

The history of Portuguese law dates back to the Middle Ages, with the introduction of the Foro Real in the 12th century. The Foro Real was a set of laws that governed the Kingdom of Portugal, and was influenced by Roman law and canon law. Over the centuries, Portuguese law has been influenced by various factors, including the Age of Discoveries, the Napoleonic Wars, and the Carnation Revolution. The Carnation Revolution of 1974 led to significant changes in Portuguese law, including the introduction of a new Constitution and the establishment of a democratic system of government.

European Union Law and Portuguese Law

As a member of the European Union, Portugal is subject to EU law, which has a significant impact on Portuguese law. EU law governs areas such as free movement of goods, free movement of services, and free movement of capital, and Portuguese courts are required to apply EU law in their decisions. The European Court of Justice has played a significant role in shaping Portuguese law, and has made several important decisions on the interpretation of EU law in Portugal. The Association Agreement between Portugal and the European Economic Community also had a significant impact on Portuguese law, and helped to prepare Portugal for EU membership. Category:Portuguese law