Discussões doutrinárias e jurisprudenciais sobre requisitos, prazos e revisão do contrato de locação.

Abstract

The aim of this monographic work is to analyze the main controversial points in rental contracts, such as the different contractual terms, the rights and duties of the parties involved and the rules for reviewing or terminating the contract, which can occur by consensus or not. Although at first glance the rental contract seems simple, its practical application can generate doubts and conflicts between the parties. The research addresses the requirements for formalization, the deadlines and the possibilities for reviewing the contract, based on the Civil Code and Law No. 8.245/91 (Tenancy Law). The research method adopted is hypothetical-deductive, with emphasis on bibliographical, legislative and jurisprudential analysis, through the interpretation of legal norms and specialized doctrine. The research is guided by the following problem question: what are the doctrinal and jurisprudential understandings regarding the main controversial points of lease contracts, such as the terms, the obligations of the parties and the rules for their revision and termination? The study is justified by the practical and legal relevance of the subject, given the widespread use of lease agreements and the conflicts that often arise from their poor formulation or interpretation. As a contribution, the work seeks to foster debate and offer support for the drafting of clearer, more balanced and effective contracts, capable of guaranteeing greater legal certainty for the parties involved.