Newsletter September 2021

Legal Updates

Changes to the wording of clauses in contracts

The regime of general contractual clauses, established in the Law Decree nº446/85, was amended with the enactment of Law nº32/2001, which came into force on the 18th of August 2021, and introduces limits on the wording of contractual clauses and predicts the creation of a system to control and prevent unfair clauses.

The law now establishes an absolute ban on contractual clauses drafted in a font size smaller than 1.1 or 2.5 millimetres, and with line spacing shorter than 1.15, and it also provides for the creation, within 60 days, by the Government, of an administrative system for the control and prevention of unfair clauses, to guarantee that clauses deemed prohibited by a judicial order are not applied by other entities – a system, which as of yet, has not been regulated.


More Government Support for Victims of Domestic Violence

Recently, Law no. 57/2021 was published, which aims to extend the protection of victims of domestic violence, namely with the creation of the Database on Violence against Women and Domestic Violence to prevent and combat these forms of violence
This diploma altered the law in force, broadening the concept of the victim to include children or young people up to the age of 18 who have suffered abuse related to exposure to contexts of domestic violence.

It is worth highlighting that under these changes, whenever there are minor children, there is an immediate communication of the attribution of victim status to the child and the adult to the commission for the protection of children and young people and the territorially competent Family and Minors Court.

The urgent measures of coercion have also been changed, and after the constitution of the defendant for the crime of domestic violence, the judge considers, within 48 hours, the application of the coercive measures provided for in the Code of Criminal Procedure, being now possible to order that the aggressor cannot remain in or approach the residence where the crime was committed, where the victim lives or which is the family home, imposing on the defendant the obligation to leave it, not to contact the victim and to restrict the exercise of parental responsibilities, among others.


Business Updates

Final months for companies to apply for PEVE

The Extraordinary Company Viability Process (PEVE) is one of the measures of the Economic and Social Stabilisation Programme, a government plan to respond to the economic and social difficulties caused by COVID-19.

Inspired by similar programmes, this process is temporary, extraordinary, and urgent, taking precedence over others to simplify and speed up the recovery of companies faced with the monetary impact of the pandemic crisis, but which are still considered viable.

It is aimed at companies in imminent or current difficulties or insolvency because of the pandemic crisis, where they demonstrate the achievement of assets greater than liabilities on 31/12/2019.

In practice, the process focuses on the agreement between the company and its creditors as well as on the celerity of the processes, given the urgency of the facts, seeking to promote moratory and fiscal benefits to the companies. In this way, it is intended to make the company viable, which is the basis of this registration, through debt restructuring.
As it is an extraordinary process, the PEVE will be in force until 31 December 2021, with the possibility of extension through a possible Government law decree.


Forum Portugal Qatar: Business Opportunities

Foi recentemente criado o Forum Portugal Qatar, uma associação sem fins lucrativos que visa estimular as relações comerciais, sociais e culturais entre Portugal e o Estado do Qatar.

Em concreto, o objetivo passa por promover e desenvolver oportunidades de negócio e investimento entre estes dois mercados nos mais diversos ramos empresariais, desde a hotelaria e turismo, ao desporto, saúde e cultura e, bem assim, a todas os setores que possam ser direta ou indiretamente beneficiar das pontes e relações criadas através desta iniciativa.

Uma das razões que levou à criação desta associação por Nuno Anahory foi, de acordo com o mesmo, o interesse do Qatar em investir no mercado português, em especial nas áreas da hotelaria, imobiliário e serviços. Com efeito, este interesse comprova-se pela atribuição ao Qatar, pela Comunidade dos Países de Língua Portuguesa (CPLP), do estatuto de Observador Associado desta Comunidade.

Note-se ainda que o Qatar vai receber, no final de 2022, o Mundial de futebol – um dos maiores eventos desportivos do mundo – que irá certamente colocar o Qatar numa posição de destaque, tornando-se esta uma altura ideal para a promoção do mercado português nesta região e aos respetivos parceiros económicos.