Falência

a inevitável morte do empresário e a necessária sobrevida da empresa

Abstract

This is a paper on bankruptcy law and procedure. The analysis of the topic is justified by the importance of business in the economy, by its social value and especially in view of its role as an activity essential to national development. The goal was to decompose bankruptcy procedure, outlining interfaces with business activity, seen as the maintainer of producing and wealth generating sources. The theoretical hypothesis lies in the continuity of the company through alienation of the bankruptee’s patrimony, thus enshrining the principle of preserving business activity. The methods used were the legal-descriptive and the legal-propositioning ones, which allowed for comparison and decomposition of the legal problem, as well as for suggesting, in conclusion, concrete changes.