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Percorrer CEID - Working Papers / Preprints por autor "Antunes, José Engrácia"
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- Banco Espírito Santo: the anatomy of a banking skandalPublication . Antunes, José EngráciaThe “Banco Espírito Santo” (BES) was the oldest and one of the largest Portuguese banks: it was created in 1869, precisely at the same year that Goldman Sachs was founded, and it was resolved in 2014.The present paper aims to briefly explain how a centenary bank, that survived to two World Wars, prevailed over different political regimes (Monarchy, Republic, a Revolution), and endured diverse economic regimes (nationalization, subsequent reprivatisation), has come to an abrupt end.
- Le droit portugais des groupes de sociétésPublication . Antunes, José EngráciaThe group of companies has become the prevailing organizational form of the modern large enterprise. After the pioneering German law, Portugal became the second country in Europe to enact a global and unitary legal regulation on groups in its “Code of Commercial Companies”. The aim of this paper is to analyse the major concepts and ideas of the Portuguese law on groups of companies, as well as to provide a brief final conclusion about its merits and shortcomings.
- New avenues on intragroup liabilityPublication . Antunes, José EngráciaThe corporate group is the prevailing organizational form of the modern large enterprise. To deal with intragroup liability problems means to scrutinise the legitimacy of the extension of the “sacred cows” of classical corporation law, in particular the deep-seated institutions of the legal personality of corporations and of the limited liability of their shareholders, to this new form of enterprise organisation. The author analyses the major types of regulatory strategies in a worldwide comparative law, as well as enquires about about the possibility of adoption of new regulatory avenues on this topic.
- On the historical origins of portuguese corporation lawPublication . Antunes, José Engrácia; Torres, NunoThe Portuguese East India Company, incorporated in 1628, is one the historical predecessors of the modern public corporations. In spite of its short life, its conception, organization and subsequent launch represented a milestone in the historical origins of Portuguese company law.
- The management of the bank crisis in Portugal: law and practicePublication . Antunes, José EngráciaThe Portuguese banking system was until very recently ignored. As happened with the banking systems of other small economies, it was a common belief of both politicians and regulators that it was just too small to matter to the outside world. Today, after the financial crisis on 2008, we know better. If there is something to be learnt with the globalisation of economic and financial markets, it is precisely the relevance of the “butterfly effect”, by reminding us that even a tiny event can start a chain reaction and have large and wide-reaching effects. This paper aims at briefly describing some recent crisis episodes of the Portuguese banking system, the existing regulatory framework for the management of a bank crisis, as well as the lessons to be drawn from its application.