A aplicação da figura da inversão do contencioso à suspensão de deliberações sociais

Abstract

The new Civil Procedure Code, enacted by Law 41/2013, 26th of June, introduced an innovative figure in the context of precautionary procedures – “reversal of litigation” – allowing, in certain cases, the consolidation of the precautionary decision in final composition of the dispute. Although the rule remains that precautionary procedures are dependent on a main action, through the consecration of this figure, an exception was made tothis model. The “reversal of litigation” is applicable, with the necessary adaptations, to the specified precautionary procedure for the suspension of shareholders’ resolutions and our study intends to analyse and assess the main questions that raise because of that application. Since this is a precautionary procedure with so many specificities and so many questions, some of which are far from being peaceful, we will try to understand how these doubts affect the usefulness of this innovative mechanism when used in this type of procedure.

Date of Award	10 Dec 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Rita Lynce de Faria (Supervisor)