Family overindebtedness, mortgage on family residence and forfeiture agreement

Authors

  • António Graça Moura

Abstract

Starting from the thematic concerning the causes and origins of the family overindebtedness phenomenon (1), the text that follows focuses on the resort to bank credit as financing instrument for the family residence acquisition and its guarantee (2). In a default situation concerning the borrower’s obligations the mortgage foreclosure will take place in general terms, in which the family residence is neither free from attachment nor subsequent judicial sale (3). The forfeiture agreement as an accessory clause to the mortgage; its prohibition in Portuguese law and respective ratio; the prohibition’s subsistence logic in the present and the eventual paradigm change concerning the forfeiture agreement (4). Conclusion (5).

References

CORDEIRO, António Menezes, Direitos Reais, Lex, Lisboa 1993;

HÖRSTER, Heinrich Ewald, A Parte Geral do Código Civil Português – Teoria Geral do Direito Civil, reimpr., Almedina, Coimbra 2017;

MARQUES, João Paulo Fernandes Remédio, Locação Financeira Restitutiva (sale and lease-back) e a Proibição dos Pactos Comissórios – Negócio Fiduciário, Mútuo e Acção Executiva, in BFDUC 77.º, Coimbra 2001;

MATOS, Isabel de, O Pacto Comissório – Contributo para o Estudo do Âmbito da sua Proibição, Almedina, Coimbra 2006;

SERRA, Adriano Vaz, Penhor, in BMJ 58.º, Lisboa 1956;

VARELA, João de Matos Antunes, Das Obrigações em Geral, II, 7.ª ed., Almedina, Coimbra 1997.

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Published

2018-05-11

How to Cite

Graça Moura, A. (2018). Family overindebtedness, mortgage on family residence and forfeiture agreement. Revista Jurídica Portucalense, (22), 04–22. Retrieved from https://revistas.rcaap.pt/juridica/article/view/14084

Issue

Revista Jurídica n.º 22 (2017)

Section

SCIENTIFIC RESEARCH

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