The third class of the Superior Court of Justice, in a recent decision, decided that the simple uneven dissolution of corporate society does not disregard the disregard of legal personality.

The alluded judgment represents an important precedent, considering that the case-law, until then, was inclined to maintain disregarding legal personality in these cases.

According to the minister rapporteur, the irregular dissolution needs to be allied to the patrimonial confusion between society and members or the "cunningly ledged" patrimonial emptiness to prevent creditors' satisfaction to indicate the abuse of law and illegitimate use of the company's legal personality. According to ministers, only the fact that society does not possess goods to meet creditors, coupled with uneven dissolution, does not authorize the advancement of collection on the particular equity of members.