A sucessão na empresa familiar

: cláusulas de intransmissibilidade e direitos dos sócios minoritários

Abstract

Nowadays, the majority of Portuguese businesses are family owned businesses and increasingly, under the form of a limited-liability company. Since the shareholders of these companies tend to be members of the family that created the company, the vast majority of conflicts emerge precisely from the personal relationships established between the shareholders, overlapping the interests of the company itsef. The small number of business projects that survive up to the third generation reflects a very incipient environment regarding the definition of the procedures that should lead to the transfer of the company’s ownership towards the death of its founders and/or shareholders. Despite the conducive environment to greater 8 benevolence among shareholders, giving their personal relationship, minority shareholders tend to be removed from decisions that dictate company’s course. Thus, it is necessary to study the transmission of share’s ownership due to death, in companies holding family businesses, focusing on the (un)protection that minority shareholders experience during the course of the company life, where, as a result of non-transferability clauses, as a way of keeping it closed to strangers outside the family, their most essential rights may be harmed.

Date of Award	30 Jun 2020
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Rita Xavier (Supervisor)