Learning outcomes of the curricular unit

The course focuses mainly on offering the student substantial knowledge on tenancy law, including not only the constitution and effects of the contract but also its crisis (consisting namely of non-payment of the rent by the tenant) and the judicial and extra-judicial mechanisms for overcoming it. The student is also expected to learn about jurisprudence whithin this specific domain. At the end of the course the student should be able to solve hypothetical problems, being able to identify the applicable rules of law and construing upon these. Moreover, it is intended that the student develops or acquires the ability to critically analyse problems and solutions within these contents, namely in what respects the position of Portuguese tenancy law within the broader picture of the European Union Member-States' tenancy laws.

Syllabus

I Introduction 1 Tenancy contract as a kind of locatio. Modalities. 2 The evolution of tenancy law from the 20th to the beginning of the 21st century. The transitional legal regimes. II Constitution and effects of the contract 1. Characterization, elements, object. 2. Form and formalities. Legitimacy. 3 Effects: obligations of landlord and tenant 4 Communication between landlord and tenant. III1 Assignment of contractual rights and obligations. 2The right of preemption. 3Subtenancy. 4Suspension. IV Termination: 1 by mutual agreement 2 expiry 3 unilateral termination. 4 The effects of insolvency V Procedure rules 1 Peace court and judicial courts 2 Procedure legitimacy 3 Eviction lawsuit 4 Eviction procedure 5 Execution procedure to enforce payment of rent and restitution of premises 6 Payment of rent by means of deposit. VI Critical remarks on the Portuguese legal frame. Comparison with other European legal frames