In this dissertation we will address the theme of contributions in natura and the guardianship of creditors, a subject of great interest, given the importance attributed to the guardianship of creditors in all corporate legislation and to the contribution. We will seek to know the role that the contributions and, consequently, the share capital currently play in guaranteeing the credits of the company's creditors and we will analyze the set of rules provided by the legislator with the purpose of guaranteeing the effective realization of the contributions in natura, which, due to their specificities, are imperatively subject to a strict regime that aims at avoiding the deficient formation of the share capital, the frustration of the interests of the creditors and also the possibility of the partners to circumvent it through fraudulent actions. We will also discuss the mechanism foreseen for creditors to react to the non-fulfillment of the contribution, substituting the company in the collection of the contributions due by remiss partners and in what terms they may trigger it. This analysis will be based on the current regulatory framework and on positions adopted by renowned authors of the Portuguese doctrine.
|Date of Award||9 Feb 2021|
- Universidade Católica Portuguesa
|Supervisor||Armando Triunfante (Supervisor)|
- Contribution in natura
- Share capital