A exoneração do passivo restante e a reabilitação das pessoas singulares

• Autor(a) principal: Seromenho, André Tiago Martins
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/148903
• topic: Estágio; Insolvência; Pessoas singulares; Exoneração do passivo restante; Perdão de dívidas; Reabilitação económica; Internship; Insolvency; Natural persons; Discharge of the remaining debts;; Debt forgiveness; Economic rehabilitation; Direito

This report is the result of a curricular internship carried out at the Commercial Court of the District of Lisbon within the scope of the practical component of the Master’s Degree in Litigation and Arbitration at NOVA School of Law. The subject of the report is the discharge of the remaining debts as a mechanism for the economic rehabilitation of individual debtors, as it allows for the forgiveness of debts that were not paid in the insolvency process and during the discharge mechanism. The opening of society to the granting of credit boosted a greater participation of individuals in the economic market, resorting to indebtedness for immediate access to essential goods to the economy of the household. However, the individual agents’ vulnerability to the accidents of life and cycles of economic recession can contribute to a situation of over-indebtedness, which jeopardizes the healthy development of the economy. As such, the legislator conceived the discharge of the remaining debts mechanism to prevent this undesirable scenario and to allow the rehabilitation of individuals, giving them a new opportunity to interact in the market without the burden of their previous debts. This exhibition aims, therefore, to reflect the analysis of the legal regime and the proceedings in the courts, relying on the knowledge and practical experience acquired during the curricular internship. It is intended, on the one hand, to understand how this legal instrument balances the interests of the debtor and creditors, the role of each participant throughout the proceedings and the sensitivity of the judges in the assessment of the debtor's good faith in the face of the presented cases. On the other hand, this investigation aims to understand the effects of recent changes to the CIRE in this matter and their possible practical impacts on rehabilitation of individuals.