Administração pelo devedor
Autor | Almeida & Leitão, Lda |
Páginas | 71-72 |
Page 71
- A Administração pelo devedor é limitada apenas aos casos em que na massa insolvente esteja compreendida uma empresa. (art. 223.°, n.° 1)
- Pode determinar o Juiz na sentença declaratória da insolvência que a administração da massa insolvente seja assegurada pelo devedor se reunir os pressupostos do art. 224.° n.° 2. (art. 224.°, n. os 1 e 2 )
- Na assembleia de apreciação do relatório ou em assembleia que a proceda se assim deliberarem os credores,a administração da massa insolvente é confiada ao devedor se este a tiver requerido. (art. 224.°, n.° 3)
- A administração da massa insolvente pelo devedor é fiscalizada pelo administrador da insolvência. (art. 226.°, n.° 1)
- Oficiosamente ou a pedido da assembleia de credores, pode o Juiz proibir a prática de determinados actos pelo devedor sem a aprovação do administrador da insolvência. (art. 226.°, n.° 4)
- O Juiz profere decisão a por termo à administração da massa insolvente pelo devedor quando se verifique um dos pressupostos das al. a) a e) do n.° 1 do art. 228.°. (art. 228.°, n.° 1)
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PEÇA SUA AVALIAÇÃO- Notas Práticas ao Código da Insolvência
- Estrutura Da Apresentação
- Linhas orientadoras da reforma do direito falimentar
- Noções gerais
- Do impulso processual à declaração de insolvência
- A massa e os intervenientes processuais
- Verificação ulterior dos créditos e outros direitos
- Administração e liquidação da massa
- Pagamentos aos credores
- Incidentes de qualificação da insolvência
- Plano de insolvência
- Administração pelo devedor
- Encerramento do processo
- Insolvência de pessoas singulares
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