Portugal. Product Regulation and Liability

Portugal has enacted regulations on product liability by means of Decree-Law No. 383/89 of 6 November 1989 (the Product Liability Law), pursuant to Article 19 of the Product Liability Directive. As the Portuguese product liability system is based on European Community (EC) directives, it is therefore based on strict liability – that is, liability without fault on the part of the manufacturer.

This is an exception in Portuguese law, and the Product Liability Law provides for a unique liability system. In Portugal, there are two different but related liability systems: one based on the general rules on civil liability (contractual liability and liability in tort) and another formed by the special rules based on strict liability contained in the Product Liability Law.

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