JOINT AND SEVERAL LIABILITY IN INSOLVENCY PROCEEDINGS
JOINT AND SEVERAL LIABILITY IN INSOLVENCY PROCEEDINGS

Summary/Abstract: Joint and several liability is regulated in article 169 of Law number 85/2014. The liability of the persons covered by the legal text, if their actions caused the debtor's insolvency, is subordinate to the purpose of the insolvency procedure, which is to cover the debtor's liabilities. Members of the management/supervisory bodies of the legal entity or any other person bear part of the liability or the entire liability not because they directly caused it to the detriment of the creditors, but because, by committing the acts described by the law, they contributed to the debtor reaching a state of insolvency, that is, that state of the patrimony characterized by the insufficiency of the funds available to pay the debts due. Therefore, the liability is personal, tortious, which only occurs when, by committing any of the acts listed in the legal text, the debtor company has contributed to becoming insolvent. Since it is a tort liability, in order to be engaged, the general conditions of tortious civil liability must be met, which arise from the content of Article 1357 of the Civil Code (illegitimate act, damage, causal link and fault), conditions that acquire some special connotations in this situation.

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