Author(s) Sara Sofia Duarte Pereira
Advisor(s) Fernando Gravato Morais
Synopsis The purpose of this study is the analysis of housing loans, with its focus on measures to replace the mortgage execution to Law no. 58/2012. This figure is part of the special regimen, therefore, is necessary beforehand to make a reference to the general legal regime of contract breachment, since this mechanism is part of the extraordinary regimen for the debtors of mortgage credit in serious financial difficulties, in particular, cases of contract breachment in mutual agreements under the housing loan system. From this perspective, I will characterize the legal regime of substitute measures for the foreclosure and, in that area, determine when those measures are applied, what are the foundations for its application and their effects. These measures are made of 3 options: (1) Dation in compliance (Article no. 24 and 25); (2) Sale of the property to FIIAH (Article no. 26 B); (3) Housing Exchange (Article no. 27). Consequently, since the alternative measures to substitute the foreclosure provides the debtors with available options to remedy the difficulty that they face in repaying the loan to the bank. These options may be considered as a safeguard for them. Even because it is a protection regimen for housing loan debtors, and in which, in the particular case, the solution can be very benefical for them.
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