A resolução do locatário financeiro em sede de cumprimento defeituoso | 2017

Author(s) Paula Cristina Pereira Monteiro
Advisor(s) Fernando Gravato Morais
Year 2017

Synopsis It is common in a contract of financial lease, to notice a situation in which the lessor demands for the right of a contract termination, based on a breach of contract by the lessee, for the failure of paying the rentals. Nevertheless, our study is going to focus concretely in the right of a contract termination by the lessee, due to the existence of a faulty compliance. Our Civil Code mentions briefly the faulty compliance of the contract, however stipulates contracts which can be exercised in a defective manner. Therefore, we will analyze (if possible) the responsibility of the parts involved in the faulty compliance, that is, if the lessee has the legitimacy to act against the lessor (counterparty in the contract of financial lease) or against the provider of the asset (outsider party of the contract of financial lease). Consequently, we will inquire whether the lessee can terminate the purchase and sale contract or the works contract, and also if he can terminate the financial lease contract. Ultimately, if the lessee can terminate these contracts, we will proceed to explore its effects and deadlines for its exercise.

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