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Mediation as a path for business restructuring
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Orientador(es)
Resumo(s)
A more recent reform to insolvency law in Portugal is in progress after ongoing disputes in
the area. The focus of the reform is the reduction of the legal impediments to business
restructuring, creating incentives to voluntary restructuring by the debtors, establishing
ground rules on fiscal incentives regarding public creditors, and more importantly the
reinforcement of the insolvency practitioners' powers. In this paper, we analyze a new legal
instrument, named Business Restructuring Extrajudicial Regime - RERE. Based on the
recovery of the debtor, the aim is to approve a settlement between debtor and creditor(s),
under the intervention of a business restructuring mediator. We will study the most important
features regarding this professional and the pros and cons of this new procedure, as well as
the similarities differences of a general conflict mediation procedure.
Descrição
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Insolvência Mediação
Contexto Educativo
Citação
CONCEIÇÃO, Ana Filipa & CEBOLA, Cátia Marques (2017), “Mediation as a Path for Business Restructuring - Contributions for the Portuguese Insolvency Framework”, Journal TDM Special Issue "Comparative and International Perspectives on Mediation in Insolvency Matters: An Overview", Vol. 14, N.º 4, ISSN 1875-4120.