This master’s thesis deals with the liability for culpable insolvency, more specifically the legal effect described in article 189.º, n. 2, al. e) of CIRE: the obligation to compensate. Introduced by Law n. 16/2012, of 20 April, this article came to give fulfillment to the imperative need of reinforcing the protection of the company creditors. Although the high importance of this legal institution, the wording on art. 189.º, n. 2 al. e) still brings serious doubts. Once confronted with such problems, doctrine and jurisprudence have initiated several discussions, regarding the content and purposes of this effect. Facing such disputes, in this exhibition, we will analyze the liability for culpable insolvency where we explore its vicissitudes and uncertainties and try to give this regime the necessary harmony and meaning.
|Date of Award||18 Sep 2020|
- Universidade Católica Portuguesa
|Supervisor||Isabel Menéres Campos (Supervisor)|
- Culpable insolvency
- Obligation to compensate
- Quantum of compensation