A remuneração excessiva dos administradores das sociedades anónimas e os meios de intervenção legais

Abstract

The purpose of this investigation is to analise and identify legal and regulatory instruments that corporations have at their disposal in order to reduce administrators remuneration. Therfore, the importance of applicability by analogy of article 440º/3 and 255º/2 of CSC, will be discussed. When the same articles do not convey adequacy, resorting to alternative legal figures may be addressed, such as significante change in circumstances ( art. 437º, of CC), unjust enrichment (art. 474/1, of CSC), abuse of power and civil liability of administrators ( art. 72º e ss., of CSC). Furthermore, the importance of limits imposed to administrators retirement (art.º402/2, of CSC), severance pay ( art.º 403/3, of CSC ), and the active role of partners in limiting adminitstrators remuneration, by means of social contract or social resolution will be discussed.

Date of Award	13 Jul 2021
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria de Fátima Ribeiro (Supervisor)