Responsabilidade nas relações de domínio

  • Maria Manuel Pedrosa de Sá Pereira (Student)

Student thesis: Master's Thesis

Abstract

With this dissertation, I aim to provide the reader with a comprehensive and depth understanding of company relations based on the Portuguese legal picture. I start my analysis with a historical and universal context, highlighting group relations as the main form of organization for contemporary companies. I propose a comparative approach of the system of total and simple control, along with their main characteristics and legal consequences. I conduct a detailed analysis of the responsibility of the mother company, inserted in total control relations. However, the main controversial issue is the responsibility in simple control cases, especially the responsibility of the dominant company for the exercise of dominant and negative influence in the dominated company. I also explore how the company, its social creditors, and other shareholders and stakeholders can act to keep their rights and interests safe. Finally, I dedicate this work to the topic of disregarding the legal personality as proposed by national law to address the issue of responsibility, and related issues such as unipersonality, decapitalization, and the mixing of active assets.
Date of Award20 Sept 2024
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorMaria de Fátima Ribeiro (Supervisor)

Keywords

  • Company & corporate law
  • Group of companies
  • Control relations
  • Total control
  • Simple control
  • Dominant influence
  • Social responsibility
  • Social creditors
  • Shareholders
  • Disregarding legal personality

Designation

  • Mestrado em Direito e Gestão

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