Os efeitos da aprovação de uma medida de reestruturação em processo de insolvência ou em processo especial de revitalização sobre os terceiros garantes

  • Rita Maria Alegre Pidwel Silva (Student)

Student thesis: Master's Thesis

Abstract

The purpose of this study is to analyse the effects of the approval of a restructuring measure in insolvency proceedings or special revitalisation proceedings on third party guarantors, a matter regulated in article 217, no. 4 of the Insolvency and Corporate Recovery Code. In the first part, we try to take a brief look at the general regime of sureties and guarantors, as well as the legislative evolution of the rule. In the second part of this work, we analyse the nature of the insolvency plan, the interpretation given to this rule by the Doctrine and case law, going on to analyse the enforceability of guarantees, specifically within the scope of the insolvency plan, ending with our questions regarding the conformity of the effects prescribed by the rule with the Constitution of the Portuguese Republic. In the third and final part, we look at the applicability of the rule to the Special Revitalisation Process, as well as the enforceability of these guarantees in the context of the recovery plan.
Date of Award8 Aug 2024
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorMaria do Rosário Epifânio (Supervisor)

Designation

  • Mestrado em Direito

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