The pandemic, caused by the new coronavirus, brought with it several complications in the execution of contracts, especially in the field of private contracts, which includes contracts for the use of shop on commercial premises. It is our intention to qualify and frame the compulsory closure of shopping centers, as well as their repercussions on the fulfillment of the contractual program of this type of contracts, in one of the classic institutes of our Civil Code, capable of solving these disturbances. With this dissertation, we will also try to answer the question of whether art. 168.º-A, n.º 5 of Law n.º 27-A / 2020 has, in fact, retroactive efficacy, in what ways, and, finally, if it is admissible in our legal system.
Date of Award | 21 Jul 2021 |
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Original language | Portuguese |
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Awarding Institution | - Universidade Católica Portuguesa
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Supervisor | Agostinho Guedes (Supervisor) |
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- Contract for the use of shop on commercial premises
- Change of circumstances
- Impossibility of compliance
- Force majeure
- Temporary impossibility
- Pandemic
- Coronavirus
- Covid-19
- SARS-CoV-2
- Law enforcement over time
- Retroactive effectiveness
As consequências dos Decretos n.º 2-a/2020, n.º 2-b/2020 e n.º 2-c/2020 nos contratos de utilização de loja em espaço comercial
Duarte, I. D. B. D. (Student). 21 Jul 2021
Student thesis: Master's Thesis