O direito de opção de compra e dificuldades concretas para a proteção do interesse do titular, especialmente na esfera do direito imobiliário

Abstract

This dissertation studies the call option agreement. Its main objective is to analyze the limitations and inefficiencies in the use of the call options, particularly in the field of real estate law. The research comprises different doctrines on the legal nature of the call option in local and foreign law (in Portugal, Spain and Italy), as well as the use of the option in the legal systems that have regulated it, even only in a general or unsophisticated manner. The results show that the need to regulate the call option as a real social demand, not only for the prestige of such agreement, but also to ensure that the rights of the parties to a call option agreement are properly preserved and protected. It is a demand of the social function of the agreement, and of justice itself.