The current economic reality in Portugal is facing one of the most troubled periods in recent years. After Covid-19 pandemic came a period marked by war episodes in the West, with social, political and financial instability. This has led to an increase in the number of insolvency cases today, due to the impossibility of satisfying subscribed credits, not only for companies, but mainly for individuals. In response to Directive (EU) 2019/1023, of the European Parliament and Council, of June 20, 2019, the legislator transposed into Law 9/2022, of January 11, the changes aimed at improving some of the provisions in matters of CIRE, namely regarding the institute of Exoneration of Remaining Liabilities. It is in the exceptional nature of this "bargaining chip" for the debtor, in the merit of reintegration into economic life, that we feel the deep desire to explore the subject, given the current context. The aim here is essentially to clarify the new issues that have arisen following the changes brought about by the transposition, as well as to delve into the growing legal, jurisprudential and doctrinal development that the institute has undergone in recent years. In view of the concrete analysis of the institute at national level, in conjunction with its historical context, we are committed to establishing a link with other legal systems in order to assess development in different contexts, as well as selectively dissecting the predominant issues in the light of Law 9/2022, of January 11, with due doctrinal, legal and jurisprudential support and, if this proves possible, taking a position on the (still) many divergences that remain.
Date of Award | 6 Dec 2024 |
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Original language | Portuguese |
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Awarding Institution | - Universidade Católica Portuguesa
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Supervisor | Maria do Rosário Epifânio (Supervisor) |
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- Insolvency
- Exoneration of remaining liabilities
- Law 9/2022, of january 11
- New issues
- Assignment
- Extension
- Supervening liquidation
- Grace period
A exoneração do passivo restante depois da Lei 9/2022, de 11 de janeiro: novas questões
Campos, R. F. D. (Student). 6 Dec 2024
Student thesis: Master's Thesis