A impugnação pauliana e o processo de insolvência

Abstract

This research paper proposes to study the theme of the Paulian Challenge Institute and the effects of its origin in the context of insolvency proceedings. This figure, as we shall study, has observed significant changes both in its field of jurisdiction and even, in terms of its requirements, effects and arising from the latter, its insertion in relation to the nature it has, since its first approach in the Portuguese legal order, with particular attention to the Civil Code of 1867 (Seabra), compared to the current Civil Code. We will examine the framework of the Pauliana, purely conservative means, general guarantee of conservation of heritage, and currently exist only in the context of legal-private relations, in insolvency proceedings, which is a special and urgent process. To that end, we will look at a figure created and exerciseable only in insolvency context, which resembles the Paulian challenge of civil law, taking into account the objective pursued and even its requirements, which is resolution for the benefit of the insolvent mass. After a detailed exposition of these expedients, it is necessary to highlight the contrasts between them, and to take a position on the scope of applicability of the Paulian challenge, when the Resolution for the benefit of the mass, is no longer legally permissible, and, more importantly, the question of the scope of the sphere, where the effects of a possible origin of this conservatory, at the same time as it runs separately, insolvency proceedings on the same subject will be felt. We shall examine throughout this exhibition, albeit subtly, comparative law (Italian, Spanish, French, German) with regard to the question at issue as a whole.

Date of Award	8 Jul 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Isabel Menéres Campos (Supervisor)