Author(s) Sandra Raquel Rodrigues Ribeiro
Advisor(s) Catarina Isabel Silva Santos Serra and Cristina Dias
Synopsis The property regime, as well as the liability regime for debt and its articulation with the material management and disposition of marital property reflect differences on settlement, and sharing the common heritage. The study of these regimes reveals importance, by verifying some specific characteristics in the insolvency proceedings, when both spouses submit to this process. More and more couples, consider their declaration of insolvency as an option to renegotiate debts. The process is not easy, but it has merits and controversial issues. The Código da Insolvência e Recuperação de Empresas provides some legal alternatives to the debtor individual protection. Spouses may be in a difficult economic situation and thereby demonstrate not be able, to date, fulfill due obligations or be in a situation of imminently fail to get the meet. There are several reflections on insolvency proceedings, when the spouses present to insolvency. On a procedural level, insolvency generally precludes the establishment of executive actions or recovery, against insolvent or against the insolvent estate. In the case of husband and wife became insolvent, not being the property regime, the separation of property, can the two together, introduce themselves to insolvency. If the insolvent is married in a regime of separation of property, only the partner’s goods that they have submitted, to the insolvency are seized. Has a regime common to all forms of coalition, the need for the payment plan proposal and any claims arising here, indicate for each output, if the responsibility is on both or just one. According to the provisions of art. 266, there are three different masses, and therefore the necessity to proceed to three inventories: one about the common good, and the other two to the own property of each spouse. Relevant will be the study of the consolidation of insolvency proceedings of the spouses, even when a creditor or a third request for insolvency of each spouse, in different processes, and in no other, have the spouses, taken the initiative to present to the insolvency process.
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