Regime de responsabilidade e proteção ao patrimônio do empreendedor incapaz em contraposição as obrigações com credores e sociedade

Abstract

This monograph has the scope of dealing with the business activity and all the accompanying factors, which means, seeks to analyze this activity when your precepts must adjust to the external and internal factors that influence In the business activity nowadays, such as the competitiveness in the economic market, the relationship with creditors, tax and, even, with the company that carries out business activity. In this context, this business activity can be exercised through some species constituted for this, in which the most expressive, currently, consist of: individual entrepreneur; EIRELI and Companies (“Sociedade Limitada” and “Sociedade Anônima”). This is the rule developed by the legislator so that the entrepreneur has legal means to exercise his business in his own name or by means of a legal person. However, this study is deepened in a more specific question, which is the case in which, throughout the performance of this entrepreneur, it is affected by some disease or accident that makes it civilly incapacitated to practice the acts of civil life all by himself or, even, when this entrepreneur dies and an incapacitated agent inherits his business activity. This work discusses the vision of this incapable entrepreneur, who has no conditions to exercise the company, but has rights over it; the vision of the company or society, about whether it has legal and factual conditions to receive an incapable entrepreneur, and what the implications of this towards the business market; and, finally, how external factors behave and influence the situations of this genre, such as the way that his relationship with investors and leandrs changes and how it becomes to be ruled, or if their reliability is shaken, not by the existence of an incapable, but, in fact, throughout the legal apparatus that the legislator has given to the incapable entrepreneur – especially with regard to the patrimony of this, which may influence the profitability of this business activity. All the above-mentioned provisions will be uncrossed in the course of the present study, with the aim of providing the vision of all the parts that are potentially involved in the process of receiving an incapable entrepreneur in a particular company or Society.