As providências específicas de recuperação das sociedades comerciais no âmbito do plano de insolvência

: uma leitura da problemática à luz do direito insolvencial e do direito societário

Abstract

The subject that we propose to analyze deals with specific measures for recovery of commercial enterprises under the insolvency plan. To fulfill this aim, we will approach the subject through a cross-reading between the insolvency and corporate law, in order to bring together the best of both worlds. In fact, we intend to unravel completely and thoroughly the junction points of these two areas of knowledge, given its characteristics, exposing the normative conflicts that reinforce them. Therefore, we have as main goal to find out the measures that can be implemented when a enterprise is insolvent, counting on an essentially legal approach to the Article 198 of the Código da Insolvência e da Recuperação de Empresas1. Simultaneously, we intend to highlight the spirit of the law and demonstrate the way that relationships between shareholders and creditors occurs. We emphasize the relevance of this dissertation’s topic, not only because this subject is very little explored by the doctrine, but also because of the actuality and practical applicability that it represents.

Date of Award	27 Jan 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria do Rosário Epifânio (Supervisor)