A obrigação de indemnização

: a questão da excessiva onerosidade da reparação natural

Abstract

The present thesis focuses on the obligation of compensation, on the forms that it may take, in particular the reparation in natura and the excessive onerosity of the latter. After an analysis of the principles that govern compensation, especially the principles of full compensation and the primacy of natural reparation, the two forms that compensation can take are analysed, with more detail on natural reparation. Given the high degree of conceptual indeterminacy, an effort is made to densify the concept of excessive onerosity, moving forward with the proposal of the construction of an indicative method that, on the basis of a set of criteria, allows us, in each specific case, to conclude whether or not we are within the scope of application of the excessive onerosity as an obstacle to natural redress.

Date of Award	19 Jul 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	José Carlos Brandão Proença (Supervisor)