en-Contracts in Portugal: Fundamental concepts and the most common types.

01/07/2024

Contracts in Portugal: Fundamental principles and most common types in legal practice. Portuguese legislation, in particular the Civil Code, establishes the essential parameters for the formation, validity, execution and termination of civil contracts. The interpretation of these standards, guided by doctrine and jurisprudence, is crucial for the effective application of contract law.

Contracts are agreements between two or more parties with the aim of creating, modifying or extinguishing legal obligations, as outlined by article 217 of the Civil Code. To be valid, contracts must meet requirements such as capacity of the parties, lawful purpose and form prescribed by law, in accordance with article 280.

The capacity of the parties to contract is detailed in articles 123 et seq., excluding non-emancipated, interdicted and disqualified minors. Freedom of contract is a fundamental principle, allowing the parties to stipulate the terms of the contract, respecting the limits of law and public order.

The execution of contracts requires punctual fulfillment of obligations under penalty of civil liability, in accordance with article 406. The termination of contracts may occur for various reasons, such as compliance, resolution or supervening impossibility, regulated by articles 432 et seq.

In addition to general contracts, there are special forms such as purchase and sale, lease, contract, donation and mandate, each with specific requirements detailed in the Civil Code and complementary legislation.

Jurisprudence and doctrine play crucial roles in the interpretation and application of these standards, ensuring security and justice in contractual relationships in Portugal.

For a more in-depth understanding of contracts in Portugal and access to drafts, the course "Contract Law in Portugal" is recommended.

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