O lugar do delito nas atividades ilícitas online e a delict oriented approach

Authors

Keywords:

Brussels I bis, Delict, Illicit activities online, International jurisdiction

Abstract

The Regulation No 1215/2012 of 12 December 2012 on jurisdiction, recognition and enforcement of decisions in civil and commercial matters (Brussels I bis) has international jurisdiction rules applicable to civil and commercial matters. Among these legal provisions, one can find a special jurisdiction rule applicable to torts and delicts (Article 7, Section 2). This rule gives jurisdiction to the court of the place where the harmful event occurred or may occur. Locating the place of the harmful event in wrongful activities that occurred online is a significant challenge, due to specific features of the Internet, in particular, its global and diffuse nature and the worldwide spread of its users. As a result, the application of the Article 7, Section 2, a traditional jurisdiction rule with a locating nature, to the Internet requires an effort of interpretation and adaptation of the legal provision to online activities. The Court of Justice of the European Union has been making this effort of interpretation, which will be analysed in this study.

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Author Biography

Anabela Susana de Sousa Gonçalves, Universidade do Minho, UM, Portugal

Anabela Susana de Sousa Gonçalves holds a PhD in Juridical-Private Sciences from the University of Minho Law School (2012), Master in Legal Sciences from the University of Coimbra Law School (2003), a law degree from the School of Law at the University of Minho (1999). She is currently Vice-Dean and Assistant Professor at the University of Minho Law School. Also, she is the Director of the Professional Exits Office; Member of the Scientific Council and School Board of the Law School; Member of the Directive Committee of the Law Degree Course; Member of the Directive Committee of the Master on Children, Family and Successions Law; and Member of the Directive Committee of the LLM's in European and Transglobal Business Law. (https://www.jusgov.uminho.pt/investigadores/anabela-goncalves/)

Capa da Revista Direito.UnB Volume 3, Número 1

Published

2019-12-20

How to Cite

SUSANA DE SOUSA GONÇALVES, Anabela. O lugar do delito nas atividades ilícitas online e a delict oriented approach. Direito.UnB - Law Journal of the University of Brasília, [S. l.], v. 3, n. 1, p. 8–24, 2019. Disponível em: https://periodicos.unb.br/index.php/revistadedireitounb/article/view/28819. Acesso em: 17 may. 2024.

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