A responsabilidade do administrador de facto no CIRE

Abstract

The purpose of this dissertation is to study the role of de facto director figure and the fulfillment of his responsibility within CIRE. Despite the fact that the de facto director is not defined in the CIRE, there was concern by the legislator to refer it throughout the respective code, given that, in most cases, he is the one who perform the administration functions, without being formally appointed to the position. This phenomenon of phatic administration is closely linked to the society’s insolvency, when used to satisfy opposing interests to that of administered society, impoverishing it and diminishing the guarantees of creditors. With law 16/2012, we determined that changes have been made to the CIRE in order to facilitate and enforce the de facto director’s liability covered by the insolvency decree as guilty, thus protecting the interests of creditors. There was clearly a return of CPEREF system and it is in this sense that we are going to prospect the current dissertation.

Date of Award	10 Oct 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria do Rosário Epifânio (Supervisor)