Sociedade de responsabilidade limitada: impenhorabilidade das cotas do capital social por dívidas particulares dos sócios

Abstract

The completion of course work deals with the peculiarities Corporation Limited liability Quotas, commenting on its main characteristics and examining the possibility of attachment on your social quotas by private debts of the partners, institute that presents complex before the societatis affectio - Union of wills with the common goal for the formation of its corporate mode. The point of attachment of quotas is a very relevant issue for those with accounts receivable and standing before the situation of the assets of the debtor to meet the asset of a limited liability company, being a subject of doctrinal and jurisprudential divergence. The controversy on this issue is not new, since there in force when the Civil Procedure Code of 1939. With the advent of the 1973 CPC, the discussion remained open, since that procedural law does not specifically dealt with the matter. Being social share a particular good partner, since this contract and does not meet its obligations to third parties, the social dimension could be seized? What is the position of the courts on this subject? Throughout the work, we intend to answer the questions surrounding this major issue, from the understanding of doctrine and jurisprudence before and after the 1988 Constitution and under the new Civil Code.