Violação do dever de apresentação à insolvência

Abstract

The following master’s thesis addresses the failure to comply with the duty to file for insolvency that falls on the debtor, under the terms of article 18º of CIRE, and the civil liability that derives from the inertia verified, under the terms of article 186.º n.º 2 al. e) of CIRE. Due to the position of the debtor, namely with his privileged knowledge of his financial situation, the filing of the debtor for insolvency presents itself as a fundamental duty of the commercial sphere and of the insolvency process. With this, the obligation to compensate was introduced by Law n.º 16/2012, of April 20th, reinforcing the protection of social creditors in the face of financial rupture and solvency problems of the creditors. Therefore, doctrinal and jurisprudential questions arise regarding the scope of this legal institute. In this sense, this study will present such problems and attempt to reconcile ideas in response to them.

Date of Award	25 Jul 2025
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Luís Araújo (Supervisor)