O desequilíbrio da relação de arrendamento urbano para habitação no regime do código civil

Abstract

The subject of this dissertation focuses on the imbalance that exists in urban renting for housing purposes, particularly regarding the effects caused by the Civil Code. This tenancy legal regime proves to be fundamental in satisfying and regulating the relationship between the landlord and the tenant, and in terms of the collision between the fundamental rights to housing and property. Therefore, only an appropriate configuration of its regime can achieve balance and harmony between the tenant parties. However, in practice, there are several imbalances caused by the current regime in force. Accordingly, this dissertation aims to analyse the historical evolution of the urban residential lease and its legal regime in the current Civil Code, focusing particularly on its main areas and determining the reasons for the imbalances that exist in the tenancy relationship. Next, a comparison will be made of the regimes established in various European legal systems, ending with the conclusions drawn from the study carried out in the course of the dissertation.

Date of Award	3 Jul 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	José Carlos Barros Brandão Proença (Supervisor)