ARE THE COOPERATIVES MANAGERS RESPONSIBLE FOR THE COOPERATIVES DEBTS? COMMENTS ON THE JUDGEMENT DELIVERED BY GUIMARÃES COURT OF APPEAL ON THE 31 TH MARCH 2016

Abstract

The current paper comments the ruling delivered by the Guimarães Court of Appeal, on the 31th march 2016. This ruling addresses the cooperatives manager’s liability towards the creditors. According to the Court of Appeal, this legal problem shall be solved by the enforcement of the articles 9 and 65 of the Portuguese Cooperative Code (1996) and the article 79 of the Portuguese Commercial Companies Code. The commentary argues that the correct legal framework is given by the articles 9 of the Cooperative Code and 78 of the Portuguese Commercial Companies Code.