A responsabilidade dos sócios na sociedade limitada

• Autor(a) principal: Ehrenberger, Márcia Garrido
• Data de Publicação: 2015
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://repositorio.pucsp.br/jspui/handle/handle/35170
• topic: CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO::DIREITO PRIVADO::DIREITO CIVIL

This study makes a brief historical account of the creation of limited liability company in the world and in Brazilian legislation, which is the most adopted company type by businessmen in the past, an option that continues until the present time. The dissertation addresses the subscription concepts of shares in the Company Statutory Contract, the time for payment of subscription shares, the slack shareholder and the separation between shareholder assets and society. It also addresses shareholders liability limited and restricted to the value of their shares, unlimited and direct liability for irregularities or wrongdoings, unlimited and joint liability with other shareholders about the issued share capital subscribed but not paid, and subsidiary liability due to exhaustion or lack of share capital to meet the obligations of the company. It also includes the application criteria, either by express provision of the law, either by jurisprudential understanding perpetrated in our courts, to reach the shareholders assets, in the various segments of law such as, for example, in consumer law, environmental law and labor law. It turns out that the possibility of the shareholders have constricted their personal assets by an obligation which is liability of the company, it has always been a reason for much hesitation among subscribers of the company. The possibility of loss of shareholder’s own patrimony creates uncertainty, inherited patrimony sometimes, built through effort by generations of a family or a lifetime hard work. In fact, the creation of companies limited by shares took part to protect the shareholders own patrimony, aiming thereby to promote the activities of trade, provision of services, movement of goods, in short, the very economy itself. The applicability of the disregard doctrine of the legal entity in Private Companies Limited by Shares is a controversial topic among legislators, scholars, judges and lawyers in the legal circles.