Author(s) Ana Filipa Marques Figueiredo Ferreira
Advisor(s) Américo Fernando Gravato Morais
Synopsis The purpose of this study is to analyse the limits imposed on shop owners in a shopping centre when transferring their rights in the contract. We’ll focus on determining how far and in which way does the Portuguese juridical system safeguard the shop owner’s interests. Firstly, we’ll start by explaining the existence of this juridical reality and its consequences by referring to its historical context. Then we’ll proceed with the study of the genesis of general contract clauses as well as their characteristics in order to provide a better understanding of the specific clauses found in contracts allowing shop owners to set up business in a shopping centre. We’ll centre our attention on the limits imposed on shop owners in a shopping centre when transferring their contractual position. We’ll analyse the fact whether the shopping centre manager has to give his consent whenever a shop owner wants to transfer his rights. When the shop owner is a company then this becomes an even more controversial issue since we’re talking about the interference of a third party in the business. We’ll conclude our study with a brief reference to the juridical status of contracts executed between shop owners and the shopping centre manager which is a consensual matter both in national and international doctrine and jurisprudence.
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