The following dissertation focuses on the role managers and administrators both have on the company’s insolvency. Since the 2008 financial crisis there has been an increasing tendency of companies who have passed through a period of crisis or even through insolvency, a reality that has been aggravated by the pandemic crisis caused by the coronavirus (Covid-19). Both doctrine and jurisprudence have assigned relevance to the subject under analysis given the urgency to ascertain responsibilities of those responsible for creating or aggravating said situation. In the present dissertation we propose to determine the regime of the insolvency qualifying incident, consecrated on articles 185 to 189 of the CIRE, which qualifies insolvency as fortuitous and culpable, since from that qualification can result grievous consequences for the administrators. We further propose to determine the duties of administrators and what can be considered as an insolvency situation, since we consider it as relevant for the understanding of this subject. At last, the regime being unclear, gives rise to a number of questions and disagreements, to which we seek to clarify during the course of this dissertation.
|Date of Award||9 Feb 2022|
- Universidade Católica Portuguesa
|Supervisor||Maria de Fátima Ribeiro (Supervisor)|
- Company crisis
- Duties of the administrators
- Culpable insolvency