Doctrine on the termination of a lease contract for late payment of rent or other amounts due and social reality

Authors

  • ALEJANDRO FUENTES-LOJO RIUS

Keywords:

Eviction, non-payment, delay, rent, social reality, lease, housing, reasonableness, proportionality, forced eviction, termination, serious breach, fundamental breach, culpability, principle of preservation of the contract, frustration of the purpose of the contract, performance schedule, principle of reciprocity, performance breach

Abstract

This study constitutes a critical analysis of the jurisprudential doctrine of our Supreme Court on the termination of the lease contract for late payment of rent and other amounts in the light of the most modern theory on the physiognomy of breach of contract and of the most recent pronouncements of the ECHR and the TC on the constitutionally recognized right to adequate housing. The main goal is to highlight the need to adapt this jurisprudential doctrine to the evolution of the legal system, the opinion of the legal community and the social reality.

 

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Published

2022-10-31

Issue

No. 793 (2022): 2022 RCDI 793 SEPTIEMBRE-OCTUBRE

Section

ESTUDIOS JURISPRUDENCIALES. OBLIGACIONES Y CONTRATOS (2022-2026)

How to Cite

Doctrine on the termination of a lease contract for late payment of rent or other amounts due and social reality. (2022). Critical Review of Real Estate Law, 793, 2853 a 2885. https://rcdi.tirant.com/rcdi/article/view/596