Browsing by Issue Date, starting with "2025-09-23"
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- Marshall and the notions of welfare and value in the Cambridge traditionPublication . Martins, Nuno OrnelasThis article analyses the notions of welfare and value in the contributions of Alfred Marshall, and how they were developed or criticised within the Cambridge economic tradition, especially by authors like Piero Sraffa and Amartya Sen, who, like Marshall, saw themselves as continuators of classical political economy (albeit with different interpretations of the latter). The analysis is conducted drawing on the stratified ontology adopted in critical realism. It is argued that contributors developing or criticising Marshall placed their emphasis on different aspects, which can be fruitfully identified in terms of the critical realist stratified ontology, depending both on their analytical purposes and strategic intentions when engaging in academic debate. The distinction between welfare and value is also shown to be essential to the Cambridge economic tradition, and its stance towards modes of socio-economic organisation.
- A proibição de cláusulas ipso facto na insolvênciaPublication . Peixoto, Eduarda Fernandes; Serra, Catarina Isabel da Silva SantosThe present dissertation focuses on the regulation of ipso facto clauses (more specifically, their prohibition) under Portuguese Insolvency Law. Ipso facto clauses have been the subject of increasing attention in Insolvency Law, particularly due to their potential impact on business recovery and the stability of contractual relationships. The analysis of the prohibition regime has proven to be a considerable legal challenge, given the complexity of the applicable rules. As a starting point, it is necessary to establish the concept of ipso facto clauses, exploring their legal nature and examining their function in contracts. Subsequently, the dissertation examines the evolution of the legal framework applicable to these clauses in Portugal, contrasting the previous framework with the recent amendments introduced by Law No. 9/2022, of January 11. It is considered that the essence of this study lies in the ratio legis of the prohibition of such clauses, with an effort made to identify the rationale that led the legislator to prohibit their use. Furthermore, the study explores the role of this prohibition in the context of the harmonization of insolvency law within the European Union, considering the legislative changes in Portugal that introduced the prohibition of these clauses within the scope of the Special Revitalization Process (Processo Especial de Revitalização – PER). Finally, this research aims to conduct a multi-jurisdictional analysis regarding the treatment of ipso facto clauses in common law and civil law jurisdictions comparable to the Portuguese model. Thus, the study aspires to contribute to a systematic yet comprehensive understanding of the implications of this prohibition for insolvency law and corporate recovery in Portugal, ultimately assessing the compatibility of its regulation with the fundamental principles of insolvency law.
- A transmissão de empresa ou estabelecimento no quadro de um processo de insolvênciaPublication . Martins, Daniela Ferrão Costa; Serra, Catarina Isabel da Silva SantosBased on the premise that the transmission of the establishment or company appears to be one of the instruments capable of increasing the value of the insolvent company in order to satisfy the interests of the creditors, it is important to understand how this transmission in insolvency proceedings complies with all the acquired rights of the employees and the maintenance of their job positions, taking into account the transmission of their contracts, is extremely important. The focus of the study is the various purposes that insolvency proceedings may have and how the transmission of the establishment or company behaves depending on the purpose of the proceedings. The articulation between two different institutes, with divergent rules and antagonistic aims and purposes, proves to be challenging, and to a large extent the challenge derives from the existing regulatory vacuum on the subject under analysis.