Sociedades em relação de domínio (artigo 486.º do CSC)

: a responsabilidade da sociedade dominante

Abstract

There may be a dominance relationship between commercial companies (art. 486.º of the CSC), which occurs when one exerts a dominant influence over the other, making one or more companies dependent on the other. The controlling company, through its exercise, puts the controlled company in a risky position, as well as its minority partners and the company's creditors. However, in the Portuguese legal system, in these situations, there is no legal regulation that protects and safeguards all these interests put at risk with these relationships. In this way, it is necessary to resort to other provisions, which regulate other situations that appear in our legal system, in order to protect such unprotected interests and understand who will be held responsible for the acts that lead to this. These provisions refer to abusive resolutions, disregard of legal personality, sole partner, controlling partner, de facto administrator, and culpa in contrahendo.

Date of Award	13 Dec 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Daniela Baptista (Supervisor)