Os efeitos da falência, da recuperação judicial e da recuperação extrajudicial sobre a obrigação de contribuição de capital de sócio de sociedade limitada ou acionista de sociedade por ações

Abstract

The work analyzes the liability of the quotaholder of a limited liability company and of the shareholder of a joint-stock company in connection with the capital that was subscribed but not paid up, the effects arising from bankruptcy, judicial reorganization and out-of--court reorganization proceedings upon a claim for capital pay up filed against the partner or shareholder, as well as compares (i) the obligation of paying up the quota or share capital, (ii) the other liabilities undertaken by a quotaholder or shareholder and (iii) the hypothesis of disregard of the legal entity, in order to conclude that the liability of paying up the capital subscribed survives in the event the limited liability or joint stock-company is decreed bankrupt , and is not related, as for its object or the procedural instruments for its verification, with any of the other of liabilities reviewed