THE ITALIAN LEGISLATION’S PREMIUM SANCTIONS AS A PATH TO MORE EFFECTIVE REORGANIZATION BANKRUPTCIES
This article aims to study the premium sanctions in the new Italian business insolvency legislation, from the definition of the nation’s reorganization bankruptcy and its spirit to its potential applicability to the Brazilian bankruptcy system. Starting from the assumption that the aim of the receiv...
| Autores: | , |
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| Tipo de recurso: | artículo |
| Estado: | Versión publicada |
| Fecha de publicación: | 2024 |
| País: | Brasil |
| Institución: | Faculdade Autônoma de Direito (FADISP) |
| Repositorio: | Revista Pensamento Jurídico |
| Idioma: | portugués |
| OAI Identifier: | oai:ojs2.ojs.unialfa.com.br:article/921 |
| Acceso en línea: | https://ojs.unialfa.com.br/index.php/pensamentojuridico/article/view/921 |
| Access Level: | acceso abierto |
| Palabra clave: | Recuperação Judicial Falência Sanção premial Legislação brasileira Legislação italiana. Reorganization bankruptcies Bankruptcy Premium sanctions Brazilian law Italian law |
| Sumario: | This article aims to study the premium sanctions in the new Italian business insolvency legislation, from the definition of the nation’s reorganization bankruptcy and its spirit to its potential applicability to the Brazilian bankruptcy system. Starting from the assumption that the aim of the receivership regime is not only the debt rehabilitation, but also preservation of the legal entity through a court-supervised reorganization, it is pondered which award model mechanisms (as known as premium sanctions) the Brazilian legislation failed to adopt when compared to the Italian law. In order to achieve this objective, both the articles and rules in the new Italian Code of the Company in Crisis and the amendments to Brazilian’s Federal Law No. 11.101/05, brought by Federal Law No. 14.112/2020, will be analyzed; as well as national and international doctrines applicable to the subject, with special emphasis on the similarity of the beginning and spirit of legislation. That said, we will seek to demonstrate how the provision of premium sanctions can positively influence the effectiveness of Brazilian legislation. |
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