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Portuguese Legal System Solutions for the Profit of Intervention Problem

Abstract

The problem that involves interventions in the subjective rights, especially the profit of intervention, has been receiving special attention of the brazilian doctrine. Thus, in order to contribute to possible solutions to the Brazilian legal system, this article aims to portray another legal system, the portuguese legal system, which for almost four decades has been debating the problem, providing a deeper understanding to the issue. Therefore, the deductive method is the research methodology used throughout the article. It is possible to conclude that Portuguese legal scholars have largely stand for the categorization of the profit of intervention within the scope of the unjustified enrichment, but they diverge on the possibility of its restitution, and specific laws on immaterial rights have inserted the profit of intervention as a way for calculating damages.

Keywords:
Profit of Intervention; Unjustified Enrichment; Civil Liability

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