The current pandemic context has revived the problem of the application of article 437.º of Código Civil’s institute to situations of major changes of circumstances, disrupting the “large basis of the contract”. It is a fundamental principle of our legal system that contracts must be fully executed. However, the reality that surrounds the contracts at the time of their conclusion does not crystallize, but evolves. This evolution may determine a different circumstantial picture in which, according to the principle of good faith, the contractual obligations should be considered unenforceable. This is the scope of this institute. Therefore, the aim of this dissertation is to analyse the evolution of the institute of change of circumstances in our legal system and, successively, to ascertain its adequacy to the pandemic context we currently live in, identifying the main obstacles it may face, namely in light of previous experiences. In any case, it is not ignored that this is a reality in development, yet to be revealed in consistent terms, not allowing, at this stage, assertive conclusions.
Date of Award | 20 Jul 2021 |
---|
Original language | Portuguese |
---|
Awarding Institution | - Universidade Católica Portuguesa
|
---|
Supervisor | Ana Afonso (Supervisor) |
---|
- Change of circumstances
- Basis of the contract
- Modification or termination of the contract
- Covid-19 pandemic
A modificação ou resolução do contrato por alteração das circunstâncias: a evolução do instituto e os desafios da pandemia Covid-19
Moreira, T. L. (Student). 20 Jul 2021
Student thesis: Master's Thesis