Processo especial de revitalização

• Main Author: Cardoso, Soraia Filipa Pereira
• Publication Date: 2015
• Format: Master thesis
• Language: por
• Source: Repositórios Científicos de Acesso Aberto de Portugal (RCAAP)
• Download full: http://hdl.handle.net/10362/17143
• topic: Processo especial de revitalização; Ações para cobrança de dívida; stand still; Terceiros garantes; Special revitalization process; Debt colection actions; Guarantors; Direito

The following report aims to present the internship developed under the Master in Legal Sciences Business in the Legal Affairs management of Caixa Geral de Depósitos S.A. Activities were developed in the field of Banking Law, focusing on the Special Revitalization Process. The aim of these activities was to promote the construction of a study that, apart from its doctrinal and jurisprudential research, also excels in the practical adequacy of the regime lectured. The revitalizing effectiveness of the Special Revitalization Process is erected in the Article 17-E, nº 1, which establishes a series of procedural – stand still effects - which aim to allow the debtor "breathing space", ie, a period during which creditors are prevented from setting up "actions for debt collection" against him, suspending the pending actions with identical purposes. Therefore, this report essentially studies these effects, considering "actions in debt collection" executive actions that are intended to recover a debt of any kind, including anticipatory precautionary procedures of an action of this nature. In addition, it is necessary to set boundaries temporally and subjectively to the standstill period, understanding that this period should be extended beyond the legally established period, in order to preserve the ratio of the process, concretely, until the recovery plan effects. In turn, we understand that the standstill effects only apply to the established material in connection with the debtor, remaining the rights of creditors unaffected over the ones of the guarantors and debtors.