A responsabilidade do empreiteiro por defeitos da obra no regime da propriedade horizontal

Abstract

The present dissertation is carried to obtaining a master's degree at the Faculty of Law of the Catholic University of Portugal - Escola do Porto, supervised by the Exma. Prof. Dr. Maria Isabel Menéres Campos. The object of the dissertation is to address the contractor's civil liability for defects in the construction of properties intended for a long time, later submitted to horizontal property. The specialty of the regime provided for in article 1225.º of the Civil Code, under the heading “property destined for a long term”, brought questions that raise a certain ambiguity in its application to the reality of condominium housing, constituted under this form of organization of property, giving rise to different problems in the intersection of the regimes. Therefore, the purpose of this scientific research is to answer the most controversial questions regarding the interpretation and application of the aforementioned regime provided for in our civil law, in reaction to the existence of defects or construction defects in the building. The composition is divided into several distinct parts, whose treatment proved to be essential for the attribution of meaning to the work. We will begin by giving a brief contextualization of the general regime of the contractor's liability for defects in the work, to arrive at the question of the special regime in works incident on buildings intended for long term, detailing the content, practical sense and also observing its identifying features and main points of difference in comparison with the regulation of the general regime of defective performance of the work contract. We will, therefore, move towards the central core of our exposition, which aims to study the problems emerging from the application of the regime contained in art. 1225 of the Civil Code to the reality of condominium housing, in buildings subject to the horizontal property regime.

Date of Award	28 Jun 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Isabel Menéres Campos (Supervisor)