Pessoas coletivas no órgão de administração

: especificidades : (des)vantagens da sua designação no modelo clássico de governação das sociedades anónimas

Abstract

In what is, as a pillar of Community Law, a competitive market, it has for some time been shown that joining forces may prove to be fruitful and facilitate shared success between different companies. This has motivated, moreover, an intense regulation of any agreements, concerted practices or concentrations of companies in order to guarantee, as much as possible, that competition is upheld. Thus, it is crucial to determine the existence of mechanisms which facilitate cooperation between legal persons without, however, allowing the risk of prohibiting such practice for legal reasons, whether competitive or not. One fitting instrument is, precisely, the appointment of legal persons as company directors, which is even more prominent when considering that the management of a legal person is what will best determine said companies’ course. The more appropriately the management is carried out, the more likely an improvement in the results to display. However, considering that the regime to be applied shall vary according to the legal system in question, as well as the fact that, within our own national system, such regime will not be, at all, a carbon copy of the one applicable to natural persons in a similar context, this dissertation seeks to go through the existing differences between the various realities and, regarding both those as well as the similarities, ascertain its suitability to the legal reality of today, which will essentially take place by defining the numerous advantages and disadvantages of each regime.

Date of Award	9 Oct 2020
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Daniela Baptista (Supervisor)