A relação contratual arrendatícia nas relações conjugais e paraconjugais

Abstract

The uniform tenancy agreement, associated with marital and non-matrimonial union, employs the normative predictions that are between two legal areas: a right of lease and a right of family. Currently, there are a growing number of cases that reaches the courts related with the conclusion of a contract, leading to several practical opinions on various aspects. When we sign the contract, there are some questions about who can sign it, applying the general rule of article 67.º of the Portuguese Civil Code to both marital and non-matrimonial union. In first one, it is necessary to take into account the concepts of ordinary administrative act or extraordinary administrative act to discover when the consent of both spouses is necessary to practice these acts. If we talk about a family house, it is imperious that both spouses consent when they appear as owners. In case they are leaseholder, one of them will be enough for legitimacy. In contrast, we will conclude that in the non-matrimonial union doesn’t exist the problems mentioned above. In this case, each member of the union can decide for himself. The innovations in Portuguese law do not speed up the resolution of problems related to this theme. An example of this is the communicability provided in article 1068.º of the Portuguese Civil Code, which, as we will see, is still useless since it does not add anything new to the general tenancy regime. In the execution phase of the contract, other obstacles are encountered, such as the communication during the contract, but the law is clear, so there is no need for this point of observations. When the contract ends, if the couple is in the contract, it will be applied the concentration mode. In the case where only one appeared, the transmission will operate.

Date of Award	29 Jul 2020
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Ana Afonso (Supervisor)