This dissertation is the result of a research within the Masters in Law and Management, more specifically within the scope of Commercial Companies (Liability) and aims, in essence, to evaluate and analyze the figure of "disregarding the legal personality" as a merely doctrinal figure and jurisprudence. The genesis of this theme is based on the legal system's attempt to conform to the needs of the fulfillment of Justice when the positive Law does not seem to be able to respond. Despite the fact that the legal order has evolved towards the needs of economic prosperity, there is a certain urgency to prevent the harmful impacts of this phenomenon that has already flourished. In this study, we seek, above all, to analyze the figure of the legal personality of companies, as well as its shield – patrimonial autonomy and the reflection that it has in the legal sphere, conduct and accountability of partners. In a Law that seems less and less formalistic and more focused on the pursuit of material truth in order to obtain the fair composition of disputes, it becomes necessary to make the rules that compromise its end more flexible. Finally, we seek to understand the doctrine's guidelines on the matter, as well as its dogmatic justification for the so-called “case groups” that legitimize the application of the figure. Through a doctrinal and jurisprudential analysis, the aim is to demonstrate that the literal and inflexible application of this theme can lead, in some concrete cases, to materially unjust results and a certain denial of justice.
|Date of Award||10 Feb 2022|
- Universidade Católica Portuguesa
|Supervisor||Maria de Fátima Ribeiro (Supervisor)|
- Legal personality disregard
- Abuse of rights
- Case group
- Mestrado em Direito e Gestão