Os efeitos da declaração de insolvência no contrato de arrendamento urbano

Abstract

With this study we will analyze the effects of the declaration of insolvency on the urban lease agreement for the purpose of distinguishing the implications that the insolvency of the tenant and landlord will bring to the non-housing and housing lease. The approach will thus include a first analysis of the general principle of unfulfilled business, as well as the role played by the insolvency administrator. We will then analyse the characteristics of the urban lease agreement, ending with a detailed analysis of Article 108º CIRE on the insolvency of the tenant and of Article 109º CIRE applicable to the insolvency of the landlord. Finally, we will pay attention to the recognition given to the tenant of the rights conferred by Civil Law, such as the transfer of the contractual position and the right of preference.

Date of Award	29 Jul 2020
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Ana Afonso (Supervisor)