THE DUTY OF LOYALTY AND ABUSES OF PARTNER RIGHTS IN COMPANIES

• Main Authors: Alexandre Ferreira de Assumpção Alves, Ilan Goldberg
• Format: Article
• Language: Portuguese
• Published: Universidade Federal de Santa Maria 2017-08-01
• Series: Revista Eletrônica do Curso de Direito da UFSM
• Subjects: abuso do direito; dever de lealdade; sociedade.
• Online Access: https://periodicos.ufsm.br/revistadireito/article/view/24912

The present article aims to analyze the conception of the company’s contract, emphasizing the importance of the duty of loyalty. In this sense, there are considerations about social function and about corporate interest. Moreover, specifically about the abuses practiced by partners in the perspective of the minority, as well as in the perspective of the majority. The article also looks to consequences that affect the own market as a victim of such abusive conducts. Through the use of the deductive method and literature research, it concluded that the discipline of abuses by partners in companies must necessarily refer to the social function of contracts. For having the contract a social function, any steps taken by the administrators must be based on the duty of loyalty, whether they act as representatives of the majority or minority partners. If the duty of loyalty is unobserved, the abusive conduct of the administrators will be characterized.