The Seizure of Shares Due to Shareholder’s Personal Debt: a Historical Study of the Evolution of the Legal Treatment and Case Law Towards The Institute

Abstract

Historical analysis of the legal treatment of the seizure of shares due to shareholder’s personal debt and the impacts of such measure on the affectio societatis. In order to do so, with the usage of the deductive method of research, hereby it will be presenting two different views on the issue: a first one based solemnly on the rules and principles the are commonly accepted and a second based on logical arguments. Afterwards, the two premises are going to be confronted in order achieve the best answers. Moreover, with the usage of bibliographical and documental research, this work intends to demonstrate how the seizure of shares has evolved from an impossibility, under the terms of the article 292 of the Commercial Code, to a reality, whereas the seizure is now possible even on those cases where the article of association lacks the regulation on the issue.

Keywords

• Sociedade
• Penhora
• Quotas
• Sócio
• Credor
• Affectio Societatis