Uma incursão pelo regime legal da insolvência culposa

: à luz da lei n.º 9/2022, de 11 de janeiro

Abstract

The amendment made by the most recent Law 9/2022, of 11 January, arose from the need to establish support and streamlining measures in the context of company restructuring processes and payment agreements, transposing Directive (EU) 2019/1023,of the European Parliament and of the Council, of 20 June 2019, and amending, among others, the Insolvency and Corporate Recovery Code. As a result, the institute of the insolvency qualification incident was one of the topics among the several that were object of that legislative amendment, and that aroused our particular interest. The present dissertation aims to contribute to the understanding of the "new regime" which was instituted on this matter, and, simultaneously, to understand what effects and different impacts may arise from those changes.The interest in this topic is based on the fundamentality of the qualification of insolvency for the public interest, as it protects the legal security of legal-economic commerce through the prevention of conducts which are harmful to companies, and the reproving of wilful behaviour capable of generating insolvencies, or at least of aggravating them.In order to achieve that goal, we approach the institute of insolvency qualification at three levels: procedural regime, substantive regime and effects.The conclusion we draw from the most recent changes reveals an ambiguous feeling, of clarification, but also of confusion.In any case, we must bear in mind that the evolution of Law is a consequence of the evolution of societies and even of the human being itself. In fact, we believe that the legislator's intention with the approval of Law no. 9/2022, of 11 January, was motivated by the best intentions of filling gaps, and clarifying issues that had long been debated in the doctrine. However, human beings are not perfect, nor is the legislator himself. And,taking this fact into account, although some issues were still left open, we believe that in the future the legislator will make better choices, for which we will be waiting.

Date of Award	6 Jul 2023
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria do Rosário Epifânio (Supervisor)