Da sucessão nas sociedades comerciais

: a definição unilateral e o repúdio dos instrumentos sucessórios em favor de mecanismos societários

Abstract

In a country where most of the business fabric is made up of family businesses, the transferof these businesses to the next generation is increasingly proving to be a source of problemsand inefficiencies that need to be anticipated.This succession is particularly complex in a succession system such as the Portuguese,which leaves very little margin to the will of the testator, imposing on him a wide range ofrules concerning legitimate succession. It is therefore necessary to establish ways, withoutviolating the mandatory rules of Succession Law, in order to guarantee that the companywill not collapse with the death of its founder and to ensure a smooth passage fromgeneration to generation.Therefore, the issue must be solved by resorting to Corporate Law, creating mechanismscapable of ensuring that the company will not be shaken by possible family conflicts, andgiving greater relevance to the will of the entrepreneur.To this end, we have chosen to list a multiplicity of clauses which should be inserted in theArticles of Association before the succession phenomenon takes place, and which willallow for a smooth transition from one generation to the next, preventing it from beingdestructive to the company.

Date of Award	18 Sept 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Ana da Paz Ferreira da Câmara Perestrelo de Oliveira (Supervisor)