Author(s) Ângela Sofia Miranda Ferreira Guimarães
Advisor(s) Américo Fernando Gravato Morais
Synopsis The purpose of our investigation deals with the issue of payment of the condominium fee, when the property to which such costs relate is the subject of a leasing contract. Although this issue has been placed with some frequency in our courts of law, there is no unanimity in its response. It should be noted that the very doctrine is scarce, and we do not think that this matter has sparked great interest with it. Still there are some references to it, although somewhat scattered, and at which we will make the appropriate referral. We tried to dissect the issue taking into account various branches and areas of law, since this question is not limited to the issue of leasing contract and it goes beyond it as we will have the opportunity to clarify. Although in our way we focused on the theoretical concepts, we could not forget, due to the scarcity of doctrine in contrast with the abundance of case law, this is, without a doubt, a much more practical than theoretical matter. This was the first difficulty we faced, since that in the face of its clearly practice we found a majority of responses to meet the need to assign this payment to the lessee and not to the lessor, since it is this who, in practice, enjoys the property. However we didn’t let ourselves be influenced by this understanding, although we cannot withdraw its merits, and we tried to go further, combining both theoretical and practical aspects in order to achieve a response that reconciles the two of them. We thus collected all legal decisions and all doctrinal matters on this issue in such a way as to obtain an answer to the question “Who bears the expenses from condominium property given on leasing?”.
See more here.