A codificação do direito internacional privado português em perspectiva, meio século mais tarde

Abstract

The present study deals with fundamental issues of Portuguese private international law codification, embodied in 1966 Civil Code. Placing this codification in the evolution of this matter in Portugal and in the situation existing at the time in the different european states, the Author refers the main characteristics of the system then adopted and the essential options that have been taken, either in the general or in the special part. In a second moment, the evolution that took place during the time the system has been in force is mentioned, characterized by the large number of rules contained in special laws, the reception of international conventions and, after, by the emergence of european union private international law. It is also stressed how these developments have stronly reduced scope of application of 1966 codification, also highligting the elements of materialisation, flexibility and specialisation already presents in portuguese private international law. Finally, permanence of some paradigms and emergence or renforcement of some leading concepts (as the constitutionalisation of the system and the deepening of parties autonomy) are stressed, and reference is made to the fields where new initiatives may be expected from Portuguese private international law legislator.