O regime da exoneração do passivo restante após as alterações legislativas desencadeadas pela lei n.º9/2022, em resultado da transposição da Diretiva (UE) 2019/1023, do Parlamento Europeu e do Conselho, de 20 de junho de 2019

Abstract

Nowadays, our economy presents a high degree of fragility, characterized by a post pandemic recovery, and in the midst of a war in Europe, the future looks troubled and painful for families and companies. The number of insolvencies has been increasing significantly, which is not surprising, given the scenario in which we find ourselves, however there is in fact a change in the incidence of these insolvency states, being individuals those who have presented the highest numbers. The Insolvency law was created with the aim of providing Member States with adequate mechanisms to avoid the progression of the scourge inherent to economic crises, which occasionally plague European countries. The exoneration of the remaining liability is one of these mechanisms, and what this dissertation will focus on. Besides being a regime of extreme practical relevance given the growing number of individuals’ cases, it is also worth mentioning that it has been recently amended due to the legislative reform carried out by law No. 9/2022, as a result of the transposition of Directive 2019/1023. The institute of discharge of the remaining liability will be analysed first, namely with regard to its grounds and assumptions. In a subsequent stage, inspired by Professor Maria de Fátima Ribeiro’s article, "The exoneration of the remaining liability and Law no. 9/2022 - regime alterations, problems solved problems, created and ignored problems", some issues already raised by the teacher in the referred article will be addressed in this dissertation, namely the repercussions that the Directive has triggered in the scope of the regime of exoneration from remaining liability, conducting a critical analysis on the leading changes. Posteriorly and so as to conclude the dissertation, the position of the national legislator will be discussed, regarding the controversial issues inherent to this mechanism.

Date of Award	15 Sept 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria de Fátima Ribeiro (Supervisor)