Os efeitos da declaração de insolvência nos negócios em curso
: em especial os efeitos sobre o contrato promessa

  • Helena Sofia Barros Cunha (Student)

Student thesis: Master's Thesis

Abstract

The entry into force of a new diploma, namely the CIRE, led to the revocation of the insolvency regime existing until then and with it deep changes in the known legal solutions. These alterations set out by the CIRE were prominent in the scope of the effects of the declaration of insolvency in the ongoing businesses. In this sense, and despite the fact that 18 years have passed since the CIRE came into force and a lot of ink has already been spilled over this adjustments, it is of major relevance to understand the solutions presented by this diploma that continues not to assemble doctrinal agreement. Therefore, we intend to offer an overview of the effects of the declaration of insolvency on ongoing businesses, with the naturally inherent limitations to a work of this type. Starting with the "General Principle", going through article 106, giving relative emphasis to the problem of signal constitution and ending with the issue of the right of retention, we intend to expose several interpretations and show the one we make.
Date of Award16 Sep 2022
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorMaria de Fátima Ribeiro (Supervisor)

Keywords

  • CIRE
  • Insolvency process
  • Declaration of insolvency
  • Effects of the declaration of insolvency
  • Ongoing businesses
  • Right of retention

Designation

  • Mestrado em Direito

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