CIVIL LIABILITY FOR THE USE OF BANKRUPTCY IN ABUSE OF RIGHT

  • Giovanna Ramos Fachini
  • Vitor Ottoboni Pavan
Keywords: Bankruptcy, Civil Liability, Law 11.101 / 05, Abuse of Right

Abstract

Since the Law no. 11.101 / 05 was issued companies in crisis have been using the judicial reorganization
institute, seeking uplift. However, in view of the benefits that Law provides, many companies require Judicial
Reorganization solely for the purpose of shareholding arrangements, acting with abuse of rights. Thus, is necessary
to debate the possibility of imposing civil liability to the debtor when abuse of rights on the use of bankruptcy was
proven. The deductive method was used as research method, analyzing the doctrine and scientific productions on
the subject.

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Published
2024-07-25