A transmissão da posição contratual por morte do arrendatário habitacional | 2017

Author(s) Fátima Isabel Luís Caires
Advisor(s) Fernando Gravato Morais
Year 2017

Synopsis The purpose of this dissertation is to study the legal framework of housing lease contracts, more specifically the terms in which the lease can be transferred due to the death of the tenant. Our purpose is to highlight how the familiar context can influence the relationship between the contractual parties. Due to its specificity, it is vital to first reconstruct the evolution of this institute in the Portuguese legal system, bearing in mind the huge amount of legislative changes. Considering the aim of the legislator to insert more and more contracts into the new rules, it is important to make a reference about the transitional arrangements, which are important instruments for the desired transitions. The transmission right due to death does not find a proper answer in the law, given the difficulty to interpret the rules of this legal institute. Due to the protection of the family, the understanding of this regime must go beyond the letter of the law, as it is the only efficient way to extend the protection aimed by the legislator to all the people who effectively need to succeed the tenant in the lease.

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