O tratamento jurídico legal da figura do sócio nas sociedades limitadas e nas sociedades anônimas fechadas

Abstract

This work aimed to analyze the legal treatment of the partner's role in limited liability companies and closely held corporations. The research sought to demonstrate how hereditary succession occurs in the event of a partner's or shareholder's death, the applicability/possibility of the "saisine" principle in hereditary succession in limited liability companies and closely held corporations, and the consequences for the company and heirs when a partner or shareholder dies. Developed in three chapters, the study is theoretical and based on analyses of doctrine, Brazilian legislation, and jurisprudence. The first chapter addressed Brazilian Corporate Law, emphasizing historical aspects and its characteristics, defining limited liability companies and corporations, and aiming to demonstrate the responsibilities of partners and shareholders upon joining companies, as well as personal responsibilities as a partner or manager. The second chapter addressed Hereditary Succession, its concept, historical aspects, and how succession is handled in Brazilian Law, as well as hereditary succession in corporate law, analyzing its occurrence in limited liability companies and closely held corporations. Finally, the last chapter analyzed the effects of hereditary succession, due to the partner's or shareholder's death, in limited liability companies and closely held corporations. It concluded that hereditary succession, in the corporate types studied, differs from general hereditary succession rules, as it depends on what was previously stipulated in the social contract/statute. [resumo fornecido pelo autor]