A denúncia no contrato de arrendamento urbano

• Autor(a) principal: Mouro, Maria Sofia Melo de Albuquerque Saraiva
• Data de Publicação: 2018
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/54601
• topic: Direito

The purpose of this dissertation is to study the successive laws in the field of urban leasing. Therefore, we begin the present study with a brief analysis of the termination regime within the scope of the Código de Seabra, then passed to the various laws that were in force between 1910 and 1990, when the RAU – Regime de Arrendamento Urbano came into force. The first chapter aims to make a comparison between these schemes, in order to clarify the evolution that it has felt over the years. World War I, and all its surrounding circumstances, marked the end of the private autonomy that characterized the Código de Seabra regime, and the beginning of the regime of the vinculísticos contracts. These contracts are so called because they bind the parties, preventing the landlord from terminating them. The first attempt to alleviate the binding regime came with the entry into force of the RAU, whereby small legislative details allow for the relaxation of this regime, giving the landlord greater freedom to terminate the contract. However, the major revolution under the urban tenancy scheme was in 2006 with Law no. 6/2006 of 27 February, which approved the Novo Regime de Arrendamento Urbano. The main innovation in this regime was the possibility given to the landlord to terminate the urban lease contract without any justification. It was a very important change because it marked the commitment of the legislator in trying to end the binding regime that was noticed since the beginning of the twentieth century. Six years after the entry into force of the 2006 Law, Law no. 31/2012 of August 14 entered into force. This law did not bring major changes to the 2006 regime; in fact it was essentially characterized by improving the regime that had started six years ago. And in the same way, in the year 2017 entered into force Law no. 43/2017, of July 14, which is limited to making slight changes to the applicable regime, ending up having little expression in the overall regime of the contract of urban leasing for housing purposes. The objective of this study will always be to analyze the path taken by the legislator, since the evolution that was lived under the urban lease regime has profoundly affected our society, being certain that the state of this market today is closely related to what we live during the 20th century. The present study concludes that the most recent changes are a significant advance towards a more balanced regime and respect the position of the parties in the contract.