O prazo de prescrição das quotas de amortização do capital pagáveis com juros, ocorrendo o seu vencimento antecipado
: o AUJ n.º 6/2022, de 22 de setembro

  • Sara Moreira Gonçalves (Student)

Student thesis: Master's Thesis

Abstract

Principal instalments bearing interest are time-barred within 5 years, pursuant to Article 310(e) of the Portuguese Civil Code. However, there has been much discussion as to whether this short limitation period should apply when the principal instalments fall due early, as a result of the collection of the debt in full. In fact, once a single, global instalment has been paid, whereby the debtor complies with his financial commitment, subject to the split principal obligation, and also complies with the periodic interest obligation, all at once, confusion would immediately rise between the two obligations arising from the bank loan. However, we have shown that payment of a single, global instalment does not mean that we are no longer dealing with two clearly distinct obligations - one split and the other periodic. If there is non-compliance on the part of the debtor, the creditor may lose interest in the maintenance of the debt repayment by instalments, in which case the debtor’s default becomes a material breach of contract; therefore the debt will be collected in full, which means that the debtor will no longer benefit from the possibility of staggered payment of the obligation to repay the principal, and the collection of the debt in full does not have the virtue of changing the nature of the obligation. The limitation period therefore remains the short 5-year period applicable to the principal instalments that are thus subject to early maturity. We further conclude that contract termination, as a cause for modifying the business relationship, does not extinguish the obligations arising therefrom, which is why, in case the creditor terminates the bank loan agreement, the latter will demand payment of all the instalments of the split obligation, and no new obligation will arise, to which the ordinary limitation period of 20 years would apply. In fact, the only new obligation that can be enforced is the obligation to pay compensation, which arises from liability under private law.
Date of Award4 Jul 2024
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorMaria de Fátima Ribeiro (Supervisor)

Keywords

  • Principal instalments bearing interest
  • Single and global instalment
  • Default
  • Material breach of contract
  • Collection of the debt in full
  • Early maturity
  • Contract termination
  • Short limitation period
  • Ordinary limitation period

Designation

  • Mestrado em Direito e Gestão

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