Contrato-promessa e pacto de opção

: vantagens e desvantagens de cada figura

Abstract

The present research analyzes pre-contractual contracts, in the light of what concerns promissory contracts and option contracts under Portuguese law, in order to verify that the parties are bound even before they have actually entered into a contract. Therefore, it leads to the conclusion that the parties involved in these agreements are bound, that is, they have rights and duties that need to be respected. Through this, there is a need to know which of these figures is the safest or which one allows a greater guarantee so that it can reach the intended result (definitive contract). For this, each figure is individually and thoroughly discussed as subjects that lead the doctrine to reflect on their need and usefulness and to determine which way protects the interests of the parties more. In this way, the construction of the reasoning portrayed essential themes, such as the basic notions and legal legitimacy of both figures; their functions, nature and means of application, as well as the rights and duties focused on the vision of their fulfillment. A theoretical approach analyzed from the perspective of legal practice is also made, because it is through this practicality that agreements are formed. Finally, the research focuses on the consequences of non-fulfillment of each obligation towards its beneficiaries, which, through this perspective, intends to specify what type of path ensures the realization of the definitive realization.

Date of Award	13 Apr 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Agostinho Guedes (Supervisor)