A exoneração do passivo restante

: questões controversas

Abstract

Given the fragility of our economy, it is not surprising that we are facing an increasing number of insolvencies, both of companies and individuals. Thus, with the entry of the Insolvency Code approved by the Decree-Law number 53/2004, of March 18th, the legislator adopted measures to regulate indebtedness, among which is the Exemption from Remaining Liabilities, provided for in articles 235. º and following of the Insolvency Code. In essence, the introduction of this mechanism conforms to the principle of compensating creditors while giving debtors the possibility of economic rehabilitation. We should also point out that in the current global scenario, during a pandemic,the number of insolvencies of individuals is increasing and will continue to do so with the loss of jobs as a result of business insolvencies. In this way, we are moved by a pure intellectual curiosity about the theme, as well as its extreme relevance today, which immediately compels us to deepen it. We undertake, in a first step, to analyze the institute of Exemption from Remaining Liabilities, namely, its foundations, assumptions, as well as the underlying procedure. We will also dissect some of the most controversial and dichotomous issues raised by this institute through a detailed analysis of Portuguese jurisprudence and doctrine and in parallel, we propose to analyze certain foreign legislation and doctrine and compare solutions. Finally, it will be an attempt to outline possible positions about the problems advanced throughout the research.

Date of Award	15 Dec 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria de Fátima Ribeiro (Supervisor)