Impugnação pauliana e o processo de insolvência

: efeitos da procedência da ação de impugnação pauliana no contexto da insolvência do devedor

Abstract

This dissertation focuses on the doctrinal and jurisprudential quarrel, around the treatment and extent of an actio pauliana upheld. The context of the aforementioned dissertation regards the case in which the debtor is in a situation of insolvency (or becomes insolvent), analysing the compatibility of the Insolvency Law regime, which conflicts, in this circumstance, with the Law of Obligations. Due to the lack of literature on guarantees, an intensive study of the institute of actio pauliana is required, in furtherance of preserving the asset guarantee, and also, the principles of Insolvency Law, which are de duced from Insolvency and Corporate Recovery Law, for an adequate conciliation of these two legal institutes Thus, in the light of the disparity of solutions, pursuing the one that most accurately guarantees the interest of a certain creditor and, at the same time, enshrines mechanisms for the protection of the universality of creditors (resulting from a declaration of insolvency), an inevitable result will eventually take place - the answer will never be either absolute or definitive, considering not only the factual and historical circumstances, but also the constant evolution of the Law.

Date of Award	23 Jun 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Isabel Menéres Campos (Supervisor)