Proteção nas fusões societárias

: reflexão acerca das tutelas dos credores

Abstract

The present work addresses the merger of commercial companies and the protection of creditors in this context. Initially, it describes the different modalities of merger, their legal nature, effects and the internal procedure that must be followed. Chapter II undertakes a comparative analysis of creditor protection in different legal systems to understand the origins, framework, and the impact of European law in this area. Subsequently, we will summarize the recent developments brought to these matters by DL 114-D/2023, which transposed Directive (EU) 2019/2121. Chapter III is the core of the dissertation and deals with creditor protection mechanisms. It refers to their foundations, the legal nature of the right to judicial opposition and its legislative evolution in Portugal. Lastly, it examines the right to judicial opposition and its essential requirements, as well as the reflex effects of its exercise in the merger process. This dissertation seeks to summarize the main points discussed, emphasizing the importance of creditor protection in the context of corporate mergers.

Date of Award	10 Sept 2024
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	José Engrácia Antunes (Supervisor)