By the present dissertation we want to analyse the “simul stabunt simul cadent” clause and the correspondent management relationship with the commercial company. Once this clause is related with the management relationship termination of one or more executive directors, the dismissal and the resignation, as most frequent causes of termination of the contract, take an important place in this work. For this purpose, we will divide our thesis in five chapters, which are: introduction; definition and examples of situations where this clause could emerge; management relationship termination with the commercial company; the “simul stabunt simul cadent” clause validity; their corresponding effects; and, last of all, our main conclusions. When necessary, we will subdivide the chapters in subchapters to explain other relevant issues in greater detail. We also will present, throughout our thesis, doctrine points of view to explain the theme, revealing our opinion in comparison to theirs. We will bear comparative law in mind as our explanation basis, mostly the Italian one for their importance. Since this clause is not included in our national law, we find, as problems, the lack of national sentences and the difficult choice between the situations which we can accept this clause applicable.
|Date of Award||13 Oct 2017|
- Universidade Católica Portuguesa
|Supervisor||Maria de Fátima Ribeiro (Supervisor)|
- Management relationship
- Causes of termination of the contract
- Mestrado em Direito e Gestão