TY - JOUR AU - Eva DIAS COSTA, AU - Rui DARLINDO, PY - 2022/05/26 Y2 - 2024/03/28 TI - The protection of the spouse of the insolvent consumer: the compatibility of CIRE, the substantive rules, and article 740.º of the CPC JF - Revista Jurídica Portucalense JA - Revista Jurídica Portucalense VL - IS - SE - SCIENTIFIC RESEARCH DO - UR - https://revistas.rcaap.pt/juridica/article/view/27202 SP - 49-62 AB - <p>The insolvency of a married consumer in a community regime will necessarily result in the seizure of the insolvent’s estate, i.e., of all their assets and all the couple's common assets. The adequate protection of the non-insolvent spouse depends on the correct interpretation and application of the rules of the Insolvency and Corporate Recovery Code with the substantive rules of debts between spouses and the patrimonial guarantee for these debts that results from the Civil Code, as well as from the regime of the Code of Civil Procedure, namely, as enshrined in article 740.º. This article aims to shed some light on this harmonization, which has been the subject of some misunderstanding in the insolvency proceedings that run in the Portuguese Courts.</p> ER -