LimitaÃÃo da responsabilidade patrimonial do empresÃrio individual: uma proposta para o direito brasileiro / Limited patrimonial liability for the individual entrepeneur: a proposal for the brazilian legal system




The current thesis has the primary objective the determination of the legal profile which enables the liability limitation of those that seek an individually-based economic enterprise activity, therefore depicting its basic characteristics. It is also a fundamental objective of this thesis the insertion of a legitimate legal institute capable of enhancing the distinction between the personal liability and the commercial liability of the owner. Currently, the legal framework of the individual commercial owner is paradoxically opposed to the business enterprise ownership, which can be considered as a violation of constitutional principles. The economic activity in this segment can became a risk above reasonably parameters. It is therefore recommended the adoption of a new legal institute which allows the liability limitation associating economic interest in harmony with constitutional framework. This theme is relevant due to the fact the various countries already adopt in their egal systems technical means which enable he individual commercial activity without the jeopardy of all liquid assets of the individual owner. In order to grasp the innermost foundations of this thesis a detailed survey has been conducted through the analysis of the suggested institute should encompass observing the experience through comparative law as a means to prove its viability. In addition to the survey conducted herein to assert the legal plausibility of the main argument of this thesis, it also structurally portrayed the legislative foundations for its concretization


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