Economic Viability

Economic Viability

1. INTRODUCTION the new law of Bankruptcies and Recovery of Companies, law 11,101/2005 was elaborated with the necessity of revision of the Right To bankrupt that it met consumed, due to social and contrary reality to the evolution of the socioeconmicas modifications. The legislator perceived the necessity to give treatment differentiated to the companies with difficulties. This law is not only worried about the interest of the creditors, but about the society in general that it depends on the enterprise activity. This intitled article ' ' Social function, Preservation of the Company and Economic Viability in the Recovery of Empresas' ' , it was destined to demonstrate which company to it will be able to be benefited of the established judicial recovery in the beginning of the economic viability, social function and preservation of the company with the objective to keep the producing source, the jobs of the workers and consequentemente the preservation of the company, its social function and the stimulaton to the economic activity. This article if justifies for important function that the new law has to preserve the dependent society of the activity entrepreneur who if finds in crisis economic-financier. Some questionings had been raised and will be answered throughout this work, are they: The principles of the Social Function, Preservation of the Company and Economic Viability are important for the Recovery of Companies? What it comes to be the Social Function, Preservation of the Company and Economic Viability as principles preservadores of the Judicial Recovery? All company in crisis is passvel of Recovery? The general objective of this article is to search the new Law of Bankruptcies and to identify the relevance of the principles of the Social Function, Preservation of the Company and the Economic Viability in the judicial recovery, already the specific objectives are: to interpret theoretical and jurisprudenciais positionings concerning the subject, to present the principles of the social function, preservation of the company and the viability economic, to in general demonstrate the contribution of the new law for the referring enterprise activity to the concern with the community. .

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