O contrato de arrendamento e a insolvência

: uma análise à luz da jurisprudência mais recente

Abstract

With this research we focus our attention on the regime applicable to the lease agreementboth when the insolvent is the landlord and when the insolvent is the tenant. We haveproposed to investigate and deepen the legal provisions that exist on this matter, to studythe nature of the tenant's right and the maintenance or not of the lease agreement with thesale in insolvency proceedings.Through this study we see that the tenant has the right of preference in the sale of theproperty that occurs in the insolvency proceeding and that, although it is not unanimous,his right in the lease assumes the nature of personal right of enjoyment.We conclude that there is divergence in the several judicial decisions regarding the expiration of the lease agreement with the judicial sale, because the law does not completely regulate this issue. However, we believe that the lease should expire upon the sale of the property in insolvency proceedings. The Uniform Jurisprudence Judgment we are analyzing is not the most materially correct solution, ignoring the mortgage creditors'interests.

Date of Award	6 Jul 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria do Rosário Epifânio (Supervisor)