A tutela dos credores sociais na dissolução da sociedade insolvente

: o regime da extinção imediata

Abstract

The present dissertation proposes to present a solution that defends the interests of creditors when, in escape from the insolvency regime, the commercial company, by members’ resolutions, follows the path of dissolution, making payments to only some of the creditors – in casu, to those who may have a stronger reaction – to the State and the Banks. Therefore, it is important, for context, to decipher and analyze concepts present in the Portuguese legal system – the dissolution and liquidation of the commercial company, the dissolution of the company by members’ resolution, the special procedure for the immediate extinction of a company, insolvency, the duty to submit to insolvency and the consequences of non-compliance with this duty, the protection of social creditors in different issues of the legal life of a commercial company and, finally, the issue of protection of social creditors in the dissolution of the insolvent commercial company, where it’ll be studied the nullity of social deliberations and a small reference to the crime of favoring creditors, finally giving an answer to the problem raised. With the progress of this work, it is intended to reach a rapid and efficient solution for the protection of social creditors who face this escape from the debtor society. Thus, the study will focus on the protection of social creditors, without discharging the context of the other concepts present in the title.

Date of Award	10 Sept 2020
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Armando Triunfante (Supervisor)