Mediation as a path for business restructuring

Conceição, Ana Filipa; Cebola, Cátia Marques

http://hdl.handle.net/10400.8/3345

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Authors

Conceição, Ana Filipa

Cebola, Cátia Marques

Abstract(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.

Keywords

Insolvência Mediação

URI

http://hdl.handle.net/10400.8/3345

Citation

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.