Lei do inquilinato (Lei nº 8.425/91): a regulamentação acerca da relação contratual como garantia à ordem

Abstract

The scope of this work is the study of contractual relationships involving the Tenant Law (Law No. 8,425/91), which is included in Real Estate Law, which addresses the entire business and legal relationship of rental contracts, including the rights and duties, rules and exceptions to the contractual relationship between landlords and tenants when leasing the property. Thus, the present work seeks to present as its general objective the rights and duties of landlord and tenants in the lease contract, providing an analysis of its basic principles that form contractual provisions based on the special legislation studied. In principle, we will address the study of the contractual principles set out in the Civil Code combined with the Tenancy Law as sources guiding the conduct of the parties present, highlighting their effects and their importance in the legal bond and in the relationship established between the parties. As well as the approach to the classifications of existing contracts bringing the light of special legislation and the legal security, provided and offered by it. Initially, the Principle of Good Faith will be treated as an intermediary of coherence and responsibility. In a second moment, compliance with the contractual relationship will be portrayed, through the Principle of Obligation, bringing binding force between the parties, being a factor in mandatory compliance within this relationship. Finally, the effects of the principles that guide this contractual construction are presented as guides and supports in this created link. The monographic method involves bibliographical research, based on doctrines directed through legislation and in the light of the Civil Code, a study directed and approached through decisions of the Federal Supreme Court.