A crise do direito comercial
The Private Law, in the last decades, has been going through constant changes. Regarding the Corporate Law, these transformations have been greatly modifying its content and its interpretation. Therefore, it is said that Corporate Law has been going through a crisis that can be summarized in four as...
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| Format: | Article |
| Language: | Portuguese |
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2017
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| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7065436 |
| Source: | Revista de Direito da Faculdade Guanambi, ISSN 2447-6536, Vol. 4, Nº. 2, 2017, pags. 163-198 |
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| Summary: |
The Private Law, in the last decades, has been going through constant changes. Regarding the Corporate Law, these transformations have been greatly modifying its content and its interpretation. Therefore, it is said that Corporate Law has been going through a crisis that can be summarized in four aspects: the crisis of its object, the crisis of its institutions, the crisis of systematization, and at last but not least, the crisis in its interpretation. The crisis of the object would relate to its content, and to the theories that aim to explain it (subjective theory, objective theory, the company's theory and also the recent market theory), always in constant improvement. The crisis of institutions wouldrest on the triad company, businessman and establishment, which due to the incessant social and legal changes, must have their concepts reviewed for their appropriateness to the emerging reality. The crisis of systematization would be present, especially with the treatment of Corporate Law given by the Civil Code, and with persistent discussion about the autonomy of this subject. The crisis of interpretation is based on the need for application of the principles (constitutional and infra) for the implementation of Law |
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