Os efeitos da declaração de insolvência nos contratos de franquia (Franchising)

The Insolvency Act (CIRE) regulates the effects of a declaration of insolvency on ongoing business, but does not provide for franchise contracts, which essentially consist of a license of industrial property rights and know-how for the purpose of producing or distributing goods or providing services. Considering the license agreement as a lease agreement for purposes of the effects of the declaration of insolvency, it does not affect the preservation of the establishment of the insolvent franchisee, nor the continued operation of the franchise until the end of the contract when the insolvent is the franchisor, even if the company is transferred to a third party.