O Justificado Interesse Próprio da Sociedade Comercial na Prestação de Garantias a Outras Entidades
1 ISCET – High Institute of Business and Tourism Sciences, Porto, Portugal
To cite this text:
Santos, M. O. N. (2016), O Justificado Interesse Próprio da Sociedade Comercial na Prestação de Garantias a Outras Entidades, Percursos & Ideias, Vol. 7, pp. 44-51.
Under article 6o, no 3 of the Portuguese Commercial Companies Code, commercial companies are forbidden to secure debts of other parties by granting guarantees over the assets of the company. Such guarantees may, however, be granted in the presence of a justified and self-interest of the guaranteeing company or in case of companies in a group or control relationship. The aforementioned article has raised different doctrinal constructions and court decisions as to what a “justified and self-interest” amounts to and on who carries the burden of proof of such facts. The present study aims to consider different views over such issues for its undeniable importance on commercial trade.
Guarantees, Commercial company, Justified self-interest, Burden of proof.