In this dissertation, we have analyzed contractual arrangements that allow the preliminary buyer to contractually manage the risk of breach of the preliminary contract of sale and purchase of real estate due to insolvency of the preliminary seller. Observing a jurisprudential insecurity on this subject and divergences around the solution offered by the law, we have proposed solutions that, dialoguing with the regimes of the executory contracts on insolvency and of the liquidation of assets, allow the property to be acquired by the preliminary buyer. We have concluded that only extremely complex and expensive legal constructions safeguard the interests of the preliminary buyer.
Date of Award | 22 Jun 2023 |
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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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- Preliminary contract
- Insolvency
- Contract risk management
- Real estate
- Contractual planning
- Executory contracts
- Liquidation
Contrato-promessa e insolvência: propostas de gestão contratual do risco de insolvência do promitente-vendedor de bem imóvel
Silva, H. V. D. (Student). 22 Jun 2023
Student thesis: Master's Thesis