Portugal. The Professional Negligence Law Review

Professional liability is subject to the tort liability or contractual liability legal framework, depending on whether there is a contractual relationship between the parties to the dispute. Pre-contractual liability may be applicable in some cases.

The general legal framework of tort and contractual liability is established in the Portuguese Civil Code (PCivC).2 Specific acts of professional misconduct may also be considered crimes or administrative infractions governed by the Portuguese Criminal Code or specific criminal and administrative laws (for instance, the Legal Framework of Credit Institutions and Financial Companies (RGICSF), the Portuguese Securities Code and the Legal Framework on the Taking-up and Pursuit of the Business of Insurance and Reinsurance).

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