THE COMPELLING NECESSITY OF HOUSING AS A MEANS OF TERMINATING THE LEASE

Resumo

This study deals with the compelling necessity of housing as a means of terminating the lease, which is a permit or a means granted by the legislator or the judiciary to the owner to repossess their property as a result of the realization of an emergency circumstance. To meet the aim of the current study, a comparative analytical approach is taken into account. Given the results,  the right of the owner to repossess the property by compelling necessity is restricted by not to abuse the right in order to preserve the rights of the tenant for the purposes of housing. In fact, these restrictions, which violation constitute an abuse, are represented in the absence of the intent of abusement, that the desired benefit of the act is illegitimate and that the benefit from the same is not commensurate with the harm that afflicts others in addition to not going beyond the status established by the customs and traditions.