Mediation as A Path to Business Restructuring - Contributions to the Portuguese Insolvency Framework
Article from: TDM 4 (2017), in Comparative and International Perspectives on Mediation in Insolvency Matters
Abstract
A more recent reform to insolvency law in Portugal is in progress after ongoing disputes in the area. The focus of the reform is the reduction of the legal impediments to business restructuring, creating incentives to voluntary restructuring by the debtors, establishing ground rules on fiscal incentives regarding public creditors, and more importantly the reinforcement of the insolvency practitioners' powers. In this paper, we analyze a new legal instrument, named Business Restructuring Extrajudicial Regime - RERE. Based on the recovery of the debtor, the aim is to approve a ...