O papel do administrador da insolvência face ao juiz de execução

: a resolução em benefício da massa insolvente de um ato promovido pelo juiz de execução em sede jurisdicional

Abstract

This paper is intended as a contribution in insolvency law, more specifically in the institute of resolution for the benefit of the insolvent estate. In the insolvency of a debtor, creditors should be able to fully satisfy their claims, so it was necessary to establish a regime that guarantees them. Therefore, it is easy to understand the need for the existence of the institution of resolution for the benefit of the insolvent estate. We intend to discuss the possibility of the insolvency administrator, who is a third party to the business transacted, resolving this business transacted by the insolvent at a critical stage of his life. What we propose to analyze is whether the insolvency administrator may resolve an act that was entered into in a court of law, i.e., when a creditor commences an enforcement action and consequent adjudication of such property for an amount that is ruinous to the debtor (since there were no other bids), whether the insolvency administrator may resolve this act. In view of the widespread and excessive length of the executive action and all the negative consequences derived therefrom, the legislator, because of a change encouraged by other European countries, adopted a non-judicialized model of executive action. In this model, the Judge no longer has a leading role in the executive action, and this role has been transferred to a new actor, the "enforcement agent", to whom falls the power to direct the executive action. It should be noted that, despite this transfer, the enforcement agent is a liberal professional, who performs his duties under the Statute of the Order of the Solicitors and the Enforcement Agent. Thus, we must scrutinize the arguments that may be in favor and against the resolution for the benefit of the insolvent estate of judicial decisions. And, starting from a positive statement, the possibility of the insolvency administrator using an extrajudicial means of resolution for the benefit of the insolvent estate from a judicial act.

Date of Award	8 Jul 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria de Fátima Ribeiro (Supervisor)