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"A evolução do conceito de contrato", desde a pós-revolução francesa ao seu desenvolvimento e acabamento atual
No full textLike any other invention of Man, contracts have also undergone modifications due to a
social, economic and technological development that accompanies us on a daily basis.
However, it is a certainty to state that there is no legal institute which has been maintained
for so long and which, nowadays, continues to adapt to the constant changes and
alterations than the contract.
As a result of these evolutions, also called as “the new economy”, we begin to feel some
of its effects. For instance, an increasing concentration of companies, industries and
commerce, which has discouraged global competitiveness. However, this strengthening
of dominant position must, a posteriori, be combated through concentration operations
and institutes such as consumer protection. It is therefore understandable that today, more
than ever, there is a need, in accordance with the law, and in order to acquire, transfer,
preserve, modify or extinguish rights, to make the economy subordinate to ethics, and
make sure the will between the parties is respected by legal rules in order to ensure the
fulfilment of an obligation and to protect the weaker party. Economic development must
be carried out in a rational way, while safeguarding rights. We thus refer to the notion of
contractual freedom, the basic idea underlying the principle pacta sunt servanda (article
406.º of the Portuguese Civil Code), where the real will of the person expressing it is
sought to coincide with the declared will (under the terms of article 236.º of the same
diploma).
The present text seeks to know this evolution, thus dealing with the historical concept of
contract, due to the need of understanding the contemporary value of (contractual)
agreements for society. An attempt is made to remember the time when Man stopped
resorting to force and violence to attain his goals, but rather started attributing stability to
the legal relationships he agreed upon according to his own principles and assumptions.
And, although it is not precisely known when and where the contract originated, the
discussion is currently over. In order to answer these questions, a timeline was created
and the Law of Contracts was finally created.
In the beginning, French Law will be adopted, as the genesis and diffusion of a model
that exerted great influence on the countries that based themselves on the Civil Code, of
which Portugal was a part. At a later stage, the concept of contract will be analysed in the context of the Liberal State, the Social State and, finally, the Democratic State of Law. All this to understand whether the current concept of contract reflects the dictates of the
Democratic State of Law or not.À semelhança de qualquer outra invenção do Homem, também os contratos sofreram
modificações devido a um desenvolvimento social, económico e tecnológico que nos
acompanha diariamente. Contudo, é uma certeza afirmar que não há instituto jurídico
que se tenha mantido durante tanto tempo e que, atualmente, continue a adaptar-se às
mudanças e alterações constantes que o contrato.
Passamos a sentir, em virtude dessas evoluções, também chamadas de nova economia,
alguns dos seus efeitos. Por exemplo, uma concentração cada vez maior das empresas,
das indústrias e do comércio, o que veio desincentivar a competitividade global.
Contudo, deve este reforço de posição dominante, a posteriori, ser combatido através
de operações de concentração e de institutos como a proteção do consumidor. Assim
compreende-se que hoje, mais do que nunca, haja a necessidade de, na conformidade
da lei, e com a finalidade de adquirir, transferir, conservar, modificar ou extinguir
direitos, fazer com que a economia se subordine à ética e que a vontade entre as partes
seja respeitada mediante regras jurídicas de forma a assegurar o cumprimento de uma
obrigação e a proteger o contraente mais débil. O desenvolvimento económico deve ser
desenvolvido de forma racional e coadunável com a salvaguarda de direitos. Remetemos
assim para a noção de liberdade contratual, ideia base subjacente ao princípio pacta sunt
servanda (artigo 406.º do Código Civil), onde se procura fazer coincidir a vontade real
de quem a expressa com a vontade declarada (nos termos do artigo 236.º do mesmo
diploma legal).
O presente texto procura conhecer esta evolução, tratando assim do conceito histórico
de contrato, em razão da necessidade de compreender o valor contemporâneo dos
acordos (contratuais) para a sociedade. Procura-se recordar o momento em que o
Homem deixou de recorrer à força e à violência para alcançar as suas finalidades,
passando antes a atribuir estabilidade às relações jurídicas que pactua segundo os seus
próprios princípios e pressupostos.
E, apesar de não se saber com precisão o período em que surge o contrato e o local onde
se originou, a discussão encontra-se atualmente superada. Para responder a estas
questões, criou-se uma linha temporal, surgindo por fim o Direito dos Contratos. Como início, adotar-se-á o Direito Francês, enquanto génese e difusão de um modelo que
exerceu grande influência nos países que se basearam no Code Civil, sendo que Portugal
fez parte. Num momento posterior, será analisado o conceito de contrato no contexto de Estado Liberal, de Estado Social e, por fim, de Estado Democrático de Direito. Tudo isto
com o intuito de perceber se o conceito que temos atualmente de contrato reflete os
ditames do Estado Democrático de Direito
enquadramento jurídico dos danos causados por sistemas de inteligência artificial
No full textThe new challenges in the field of civil liability due to the emergence of more sophisticated
technologies with a notorious presence in various economic activities, prompt the study of the
legal problems that arise from this. In this sense, it is necessary to subject the established law,
within the scope of the Portuguese legal system, to a test of resistance in order to determine
whether interpreting the rule of law, based on analogy or teleological extension, will suffice. In
anticipation, we’ll say it won’t be possible to find a sufficiently satisfactory solution. Thus, on
the basis of the European contribution to building the future applicable legal framework, it was
decided that, in terms of subjective attribution, liability for damage caused by artificial
intelligence could be attributed to the producer or the operator - the person who has some degree
of control over the risk associated with this technology. On the basis of this differentiation and
bearing in mind the weaknesses detected in the legislation currently in force, it was concluded
that the most appropriate solution is to dispense fault, look at the risk and consider the problem
of causation.Os novos desafios no campo da responsabilidade civil pela emergência de tecnologias mais
sofisticadas com uma presença notória em várias atividades económicas, incitam ao estudo dos
problemas jurídicos que daí emergem. Neste sentido, cumpre sujeitar o direito constituído, no
âmbito do ordenamento jurídico português, a um teste de resistência para determina se bastará
um trabalho de interpretação da norma, assente na analogia ou na extensão teleológica.
Antecipa-se desde já que não será possível encontrar solução suficientemente satisfatória.
Assim, tendo por base o contributo europeu na edificação do futuro quadro jurídico aplicável,
entendeu-se que, a nível da imputação subjetiva, a responsabilidade do dano causado por
inteligência artificial poderia ser assacada ao produtor ou ao operador – a pessoa que detém
algum grau de controlo sobre o risco associado a esta tecnologia. Com base nesta diferenciação
e tendo presente as fragilidades detetadas a nível da legislação atualmente em vigor, concluiuse que a solução mais adequada passa por prescindir da culpa, olhar ao risco e atender ao
problema da causalidade
Building a managerial sales dashboard -literature review of dashboard design, demand forecasting and the arima model
No full textData-driven pricing and demand forecasting gained
popularity with increasing data availability. Start-ups
encounter high uncertainty due to a lack of internal data
before market entry. For the market entry in the Iberian
Peninsula of Oceano Fresco, a sustainable seafood startup,
the market of clams with its demand and supply factors are
analyzed based on a publicly available database. Demand is
forecasted with an ARIMA model, and monthly profit is
maximized with a Newsvendor Model. Two managerial
Excel dashboards are created to illustrate the latest
developments on the clam market and offer a monthly
production planning tool
Growing be-kind in the healthy Ssnacks category in Portugal: how to increase trial rate & brand preference via sales promotion
No full textAs a consultancy project for Be-Kind, the main purpose of the first part of this report is to
provide the brand with a detailed study on ‘how to grow Be-Kind in the healthy snacks category
in Portugal’. Based on findings from secondary and primary research, this section presents
insights into four identified consumer segments (Convenience, Health-conscious, Sporty, and
Price-driven) and their respective customer decision journeys, aside from compiling category
and brand-related insights. To grow and increase brand awareness, trial rate, and eventually
market share, Be-Kind should extend its portfolio slowly, while implementing a multichannel
distribution strategy paired with pull promotions and multichannel communication.
Specifically, consumer sales promotions are increasingly building brand equity via information
or product experiences aside from raising trial rates. The aim of the second section of this report
is thus to furthermore provide Be-Kind with a detailed study of monetary and non-monetary
sales promotions within the Portuguese market. By conducting separate secondary and primary
research, this section provides insights into both competitor actions (the FMCG market) and
consumer preferences and associations. Consequently, and based on a detailed analysis, it is
recommended that Be-Kind initially implement a free sampling strategy followed by an
eventual transition to short-term irregular monetary promotions like additional free amounts
How can saltpay successfully scale loyverse- business by entering the German market
No full textThe present work project answers how SaltPay, a payment service and software provider, aims
to gain market share and revenue growth in the e-POS industry. With SaltPay’s recent
acquisition Loyverse, Germany is identified in a country selection process and contains further
elaborations in the in-depth analysis. By employing qualitative and quantitative research, this
work project’s goal is to build an expansion and market entry strategy. The research identifies
Germany as the expansion’s most promising target country. Simultaneously this work project
illustrates the first Go-to-Market Blueprint for SaltPay and Loyvers
Rethinking longevity - exploring opportunities from a Bbeyond-insurance angle: Ccaregiver identity formation - exploring determinants for identity to combat the caregiver deficit
No full textCaregivers are an enormously sought after profession as developed societies continue to grow
older. Increasingly so, care companies struggle to find candidates for their businesses. Yet, while
there is mounting research on the topic of population aging and the silver economy, research
around the caregiving profession and its lack of identity is scarce. Thus, this study brought about
a conceptual model that was validated using caregiver interview findings which were conducted
as part of a consulting field lab with Portuguese insurer Fidelidade. The model is based on three
pillars of identity which care employers ought to take into account in order to find an antidote
against the current caregiver drought
The impact of introducing a Phygital consumer experience as an escape and its effect on online patronage and loyalty. Crowded Phygital Escapes: 6thStreet.com
No full textDissertation presented as the partial requirement for obtaining a Master's degree in Data Driven Marketing, specialization in Digital Marketing and AnalyticsThe COVID-19 pandemic has necessitated the closure of crowded retail outlets, prompting brands to rethink their approach to delivering unique shopping experiences. Customer experience is a crucial aspect of marketing, encompassing customers’ responses and reactions throughout their shopping journey. Digital transformation has transformed consumer experiences by blurring the lines between physical and digital channels. Post-pandemic, customers rely on online and offline channels, leading to the integration of physical and virtual stores for a seamless customer experience. Phygital shopping combines digital technologies and offline touchpoints in brick-and-mortar stores, catering to customers’ preferences for interconnected shopping experiences. The gaps identified in previous studies related to the role of escapism and immersion in the phygital consumer experience are the motto of the present research. Thus, the research focused on phygital shopping escapes in a crowded retail mall and investigated the impact on consumer experience and online patronage intentions. The study used a quantitative approach to examine the effects of pre-purchase mall experiences (crowding and entertainment) and purchase experiences (escapism and immersion) on consumer experience and patronage intentions. The study focused on 6thStreet.com, the first phygital retail store in the Middle East
Determinants of blockchain-based internet-voting systems adoption: a UTAUT model approach
No full textDissertation presented as the partial requirement for obtaining a Master's degree in Information Management, specialization in Knowledge Management and Business IntelligenceBlockchain e-voting ensures secure and transparent elections by leveraging decentralized technology to preserve the integrity of the voting process. This research investigates the adoption of blockchain-based internet-voting systems, employing an extended Unified Theory of Acceptance and Use of Technology (UTAUT) model. A survey study of 352 citizen’s explored the factors influencing user’s behavioral intention to use this innovative voting technology. The SEM (Structural Equation Modeling) technique was used to examine the responses. The study introduces new dimensions, including Trust in Technology, Trust in Government, and Political Ideology alongside the original UTAUT constructs. According to the results, only Performance Expectancy, Social Influence, and Trust in Technology emerged as significant predictors of Behavioral Intention to Use blockchain-based internet-voting systems. The findings also suggest that Trust in Technology has a positive effect on Performance Expectancy. On the other hand, Effort Expectancy, Facilitating Conditions and Political Ideology were found to have no influence on Behavioral Intention to Use. Overall, the outcomes of this research can help developers and policymakers improve and promote blockchain-based internet-voting systems by exposing citizen’s opinions and perceptions
The power of social media influencers on consumer purchase intentions in the fashion industry
No full textDissertation presented as the partial requirement for obtaining a Master's degree in Data Driven Marketing, specialization in Digital Marketing and AnalyticsEven though Social Media Influencers are relevant to fashion brands' communication strategies, there are still unanswered concerns regarding the elements that contribute to their influence and how that influence impacts the behavior of their followers. This research focuses on the dynamic interaction between social media influencers and customers, focusing on the power wielded by influencers in the fashion industry context. The goal is first to understand whether followers' purchase intentions for fashion businesses are influenced by the influencer's perceived credibility and power and then to determine whether an influencer's credibility affects its power and, potentially, its success. Based on data collected from 255 respondents, the conceptual model was empirically tested using a partial least squares (PLS) estimation. Concerning its findings, this study illustrates that trustworthiness, expertise, and attractiveness of a SMI positively impacts its perceived credibility. Also, followers who have higher psychological proximity to the SMI and followers who perceive a higher worth of the information shared by them contribute to increasing their perceived power. Moreover, an influencer’s perceived credibility and power has a significant influence on the consumer´s purchase intentions on Fashion Brands. Finally, n influencers' perceived credibility is positively related to increased social media influencers´ perceived power. The findings contribute to the literature on influencer marketing as well as offer managerial insights for stakeholders in the fashion industry
Performance of Grupo novobanco’s Equity Funds During Crisis Periods
No full textDissertation presented as the partial requirement for obtaining a Master's degree in Statistics and Information Management, specialization in Risk Analysis and ManagementIn active mutual funds the managerial activities consist of selectivity and market timing for
which investors pay a premium. This study is to determine if equity mutual funds managers of
Grupo novobanco can outperform the market, especially in a time of crisis. We will look for
evidence of stock picking and market timing capacity, short-term performance persistence
and compare the returns against the market’s benchmark from 2006 until 2022, over 5 main
periods: the subprime crisis, from June 2006 until June 2008, sovereign debt crisis, from 2009
until 2012, the resolution of Grupo Espírito Santo, from July 2014 until July 2015, a stable
period, from 2016 until 2019, and the covid-19 pandemic, from 2020 until 2022. The main
findings of this thesis show that Grupo novobanco’s equity mutual fund managers lack stock
selection and market timing capacities, on average, from 2006 until 2022. However, two of
the funds have shown, since 2016, evidence of stock picking abilities when producing
abnormal returns. Fund managers do appear to take advantage of crisis periods for stock
selection, but only for funds that invest in European markets. Fund managers that invest
internationally show more market timing skills. Performance persistence is detected in the
first years, from 2006 until 2010, showing poor performance with stronger persistence,
compared to the period from 2014 to 2016 that showed good performance persistence. This
study further analyses performance of Portuguese equity mutual funds and is also of interest
to Grupo novobanco, since it provides information to complement internal performance
analysis and may lead to further reviews in investment strategies