The aim of this paper is to examine the historical evolution of the legal institutions that were conceived to address the business crisis, with special focus on to the Brazilian law. For this purpose, this paper will briefly analyze the existing institutions in Ancient Rome (targeted towards restructuring distressed debts) as well as in a few Italian city-states during the Middle Ages (which already contemplated over the concept of collective execution of the merchant debtor). Then, two historical moments in modern France will be examined (the Commercial Ordinance in 1673 and the Commercial Code of 1807). Finally, this paper will present the legal discipline of the business crisis in Brazil, since Portugal’s ruling until present day.
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Mauricio Moreira Mendonça de Menezes
Carlos Martins Neto
