Constitutional Court Ruling no. 616/2018, dated 21.11.2018

Case n.º 251/2018
1st Section of the Constitutional Court
Reporting Judge: José António Teles Pereira

Rules unconstitutional the articles 169^th and 164^th, number 2 and 3, of the Insolvency and Corporate Recovery Code (“Código da Insolvência e da Recuperação de Empresas”), in the interpretation according to which the creditor with a real collateral over the asset being alienated does not have the capacity to plea, before the judge of the case, the nullity of the alienation undertaken by the administrator in disregard of the duty to inform on the established base value or the price of the foreseen alienation to a certain entity. 

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