O sócio incapaz de sociedade empresária limitada e a responsabilidade civil de seu curador

Abstract

The Civil Code, in its art. 974 authorizes the incapacitated person to be a member of a business corporation, since the capital is fully paid-in, does not exercise the administration activity of the legal entity and is properly assisted or represented, depending on the extent of the impairment of his judgment for the practice of acts of civil life. In the case of a limited liability company, the incapacitated partner responds for the social obligations up to the value of his shares. It occurs, however, that the Brazilian legal system establishes, in specific situations, the personal liability of the partner of a limited liability company. In such cases, the curator of the incapacitated partner may be held civilly liable for the practice of illicit acts in the course of the exercise of the company that may cause harm to the curated.