Consequências jurídicas da penhora de quota social na sociedade limitada por dívida pessoal do sócio

• Autor(a) principal: Stupp, Tamara Locks
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5551
• topic: Contrato social; Penhora; Sociedades Limitadas

The objective of this monograph is to analyze the legal consequences as a result of the attachment of social quotas in the company limited by personal debt of the partner. The study was performed using the deductive method; As for the approach, the qualitative research was used and the data collection procedure was used bibliographical and documentary research that was performed through research in books, articles, jurisprudence and digital media. It was possible to analyze the gaps left by the legislators in the legal system regarding the attachment of quotas in the limited company, and it was verified that the question passed through changes throughout history, considering the regulations that until then were part of the legal system, the investigation in the legal prediction of the institute according to articles 1,026 of the Civil Code and article 861 of the current Code of Civil Procedure, which govern the possibility of attachment of quotas and shares for personal debt of partner. It should be noted that the new Code of Civil Procedure brought alternatives to guarantee the principles of preservation of the company, social function and affectio societatis, by listing alternatives to the settlement of shares and actions of the debtor partner, such as preference in the auction or adjudication of quotas by the other partners; or its purchase by the company with the resources of reserves, without reduction of the capital stock; or the attachment of the company's profits. Although the jurisprudence is peaceful in relation to the possibility of attachment of quotas of limited company, there is concern regarding the total dissolution of the society. This monograph is concluded, confirming the hypothesis presented, aiming at the payment of a limited partnership's social quota to pay the partner's personal debt, there is a risk of dissolution of the company.