Sociedades em relação de domínio
: remédios para a responsabilização da sociedade dominante

  • David Cristina Sousa de Melo (Student)

Student thesis: Master's Thesis

Abstract

The current panorama of corporate law reveals a notable evolution in relation to its origins. Because it was conceived to deal with the problems of an individual company, we can anticipate some issues that are specific to this change, which is based on the emergence of “Corporate Groups". Therefore, the study will emphasize the de facto groups, the dominant influence exercised by the parent company over the daughter company, as well as the lack of protection that the daughter company, its minority shareholders and creditors are subject to. We begin this dissertation by defining dominance relationships, with a particular focus on the need to build a satisfactory legal regime to protect the daughter company, its minority shareholders and its creditors. In order to integrate the careless regime designed for companies in a control relationship, we seek to explore different ways of holding the parent company accountable, which are initially included in the general legal-corporate regime. Finally, because we couldn't find a solution to all the problems left uncovered, we dared to explore a solution developed by our doctrine and jurisprudence - “Piercing/ Lifting the Corporate Veil” or “Disregard of the Legal Entity”.
Date of Award10 Sept 2024
Original languagePortuguese
Awarding Institution
  • Universidade Católica Portuguesa
SupervisorArmando Triunfante (Supervisor)

Keywords

  • De facto group
  • Parent company
  • Daughter company
  • Minority shareholders
  • Creditors
  • Dominant influence
  • Piercing/Lifting the corporate veil

Designation

  • Mestrado em Direito

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