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The rural entrepreneur and the mechanisms available to small bankruptcy

Grant number: 16/04539-0
Support type:Scholarships abroad - Research
Effective date (Start): December 01, 2016
Effective date (End): July 31, 2017
Field of knowledge:Applied Social Sciences - Law - Private Law
Principal researcher:Emanuelle Urbano Maffioletti
Grantee:Emanuelle Urbano Maffioletti
Host: Christina Schimid
Home Institution: Faculdade de Direito de Ribeirão Preto (FDRP). Universidade de São Paulo (USP). Ribeirão Preto , SP, Brazil
Research place: Institut suisse de droit comparé (ISDC), Switzerland  

Abstract

The Law n. 11.101/2005 (LRE) establishes institutes of reorganization and bankruptcy - known as "Recuperação Judicial", "Recuperação Extrajudicial" e "Falência" to entrepreneurs and to business companies, including rural entrepreneurs. This regime was established by the reform of the Brazilian Civil Code in 2002, which recognized that those who develop any rural economic activities may be considered as entrepreneurs. But many of the rural entrepreneurs explore such activity with their family or they are not formalized as entrepreneurs. Also there are also those who are small entrepreneurs and, when they are in crisis, many of those do not fulfill the requirements for the bankruptcy and thus remain without recovery. Because of these questions, the effectiveness of the Brazilian legal is questionable given the fact that its actual discipline does not adequately address the crisis of rural entrepreneurs; furthermore it does not contribute to the insertion of small producers in the market and its recovery of the financial crisis regarding these circumstances. To be carried out a thorough and critical study on that subject, this research will be held considering the Brazilian and the US, French and Italy legal framework. To sum up this research involves the critical study of doctrinal and jurisprudential foundations to improve the legal arguments related to the characterization of the rural entrepreneurs and the application of bankruptcy legal discipline to them. (AU)

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