Author(s) Hugo de Sousa Oliveira
Advisor(s) Américo Fernando Gravato Morais
Synopsis The purpose of our dissertation will focus on the breach of lease of commercial establishment by the Lessee, to ascertain the modalities and implications that such breach may result for the complex legal relation existent on the lease of commercial establishment, looking us that numerous questions and doubts may arise on this issue. This dissertation is divided into three chapters. In the first chapter, titled Lease of Commercial Establishment, we intend to analyze the legal concept of lease, characterizing and distinguishing it from similar figures in order to better understand the subject of this study. Firstly we intend to approach the concept of legal concept of lease and its relevance, with special focus on the contract, distinguishing the general lease from the hire. We seek to characterize also the concept of a commercial establishment, which may vary according to the economic or legal perspective, distinguishing also the mere sum of the parts that compose it, which often cause confusion. We also analyze the commercial establishment as subject of rights and legal transactions, and set when we are facing a commercial establishment. Then we examine if the commercial establishment it is or not an autonomous legal unit, as well as the rights that may be related to it, namely property rights. Then we aim to clarify the distinction between establishment and the property where it may be installed, as well as the differentiation between ownership. Within the commercial establishment transactions we distinguished between the lease of commercial contract and trespass. Finally, we try to determine the terms of the contract, and what the applicable laws. In the second chapter, called Obligations of the Lessee, we approach the contractual obligations to the lessee, whose main are set out in the Article 1038 of the Civil Code, which adds the implicit power/duty to exploit the commercial establishment. We analyzed the cases of default by the lessee of such obligations, consequences and locator’s means of protection, giving particular focus to the resolution. Moreover we study the possibility of locator’s right of resolution due to late payment of rent be terminate by the lessee. In the third and final chapter, titled Default by Lessee, we study some means of protection of the locator, which were subdivided into coercive payment of the rent and the possibility of claiming the commercial establishment as a whole, this is as a legal unit.
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