When the lease position is extended to the other spouse under the marital property regime — a critical reflection on the article 1068 of the Portuguese Civil Code

Rute Teixeira Pedro

Keywords

Lease; Marriage; Marital Property Regime; Family Household; Co-ownership of a contractual position; Family Wealth.

Abstract

Our paper focus on the legal framework stated in the article 1068 of the Portuguese Civil Code, as it was amended by the Law no. 6/2006, dated to 27 February. The mentioned provision remains unchanged since then, as it has not been amended by the legal reform produced by Law no. 31/2012, dated to August 14. Considering that it has meant a change (at least in part) in relation to the legal solution previously in force, it is important to define how the economic regime of the marriage entails the communicability of the lessee's contractual position.

In our reflection it will be taken into account that this subject is located at the intersection between two legal areas: the contractual law and the family law. Considering the contributions of the two domains, we will discuss if the solution adequately serves family interests, in the light of the evolving trends in family law.