A insolvência no âmbito das sociedades em relação de grupo

Abstract

In this work, we will start by defining the concept of Coalition in the Portuguese Commercial Code, in particular those companies in a group relation, passing through the regime of the article 501 to mention those cases in which, within this relationship, the company that exerts influence over the others in the normal course of its activity, can be responsible for some actions. It will also be important to mention the Insolvency Process briefly, starting with the most relevant themes related to insolvency in the context of group companies. Within these, we will clarify the concept of group, the modalities of relationship between companies that form a group, ending with this concept – the group – but regarding to insolvency, according to the Portuguese Insolvency Code. Although several changes have already been made to the insolvency regime, in relation to the group, there is still no solution in the Law that deals with this problem. We will refer the article 86, number 2, of the Portuguese Insolvency Code, as a norm that regulates this issue, but which, in our point of view, proves to be insufficient to solve all the problems that arise from this. We will mention the solutions presented by Jurisprudence and Doctrine to determine a possible regulation of insolvency regarding to groups of companies. As a comparative term, there will be space for a vision of the Spanish regulation, in the “Ley Concursal”. Lastly, this study will be concluded with a critical appreciation.

Date of Award	3 Jul 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Luís Araújo (Supervisor)