The present master’s dissertation is based on the so-called judicial Processo Especial de Revitalização (Special Revitalization Procedure), regulated in articles 17.º-A to 17.º-H of the Company Insolvency and Recovery Code, which, despite granting a minimal intervention role to the judge, also submits to their consideration complex matters in the decisive approved recovery plan’s judicial homologation stage. Therefore, for legality verification purposes, which is the strict domain of judicial intervention in this legal instrument, the judge is required to ponder legal defects related to the plan’s procedure and scope. We select two controversial legal doctrine and jurisprudence issues to debate and take a stand on, both illustrative examples of the urgency of a legislative reform in this field. For a guided discussion, an effort to construct a hermeneutic referential and to reflect on the space given to the judicial function is also undertaken. The conclusion obtained from the study highlights some of the major weaknesses of the legal regime, manifested in its inconsistencies and dissonances regarding legislator’s commitments and other legal acts.
|Date of Award
|7 Sept 2021
- Universidade Católica Portuguesa
|Isabel Menéres Campos (Supervisor)
- Tax credits