Back to Search Start Over

REFLEXÕES SOBRE ALGUMAS PREMISSAS E PRINCÍPIOS DA LEI DE RECUPERAÇÃO DE EMPRESA E FALÊNCIA.

Authors :
Avelino Lana, Henrique
dos Santos Batista, Angélica
Source :
Meritum: Revista de Direito da Universidade FUMEC. jul-dez2016, Vol. 11 Issue 2, p52-63. 12p.
Publication Year :
2016

Abstract

Without intending to exhaust the subject, in a constructive and academic way, this work intends to analyze that judicial recovery cannot occur at any cost, and all the principles of article 47 of the LREF must be analyzed. Some principles that govern judicial recovery have been addressed in order to ensure that the company is not of the sole interest of the entrepreneur, but rather a collective one, being relevant the prior analysis of the possibility or not of its recovery, by protecting the interests of workers, creditors, respect Free enterprise, search for full employment, social function and respect for the principle of company preservation. In the end, it is reflected that economic activities, which are not viable, rather than preserved, must be extinguished, failing to disregard the principle of preservation of the company from other legal entities that relate to the person who is in Economic, financial or asset crisis. [ABSTRACT FROM AUTHOR]

Details

Language :
Portuguese
ISSN :
19802072
Volume :
11
Issue :
2
Database :
Academic Search Index
Journal :
Meritum: Revista de Direito da Universidade FUMEC
Publication Type :
Academic Journal
Accession number :
126552947