The insolvency is a state where devedorpossui more debts of what the amount of its good to liquidate them. An insolvent company could to the end of a process be declared emfalncia or in recovery. The new Portuguese legislation presents the figure of the process deinsolvncia. This results of the creation of an only form of processoespecial with which if clere intends to become more the sentence (with bigger rapidity and flexibility in the opening and closing doprocesso), emcausa intends to get one more joust composition of the interests is the relief note bigger in the new Code of the Insolvency eRecuperao of Companies. The present code regulates the elimination or the reorganization financeirade a company conferring to the creditors a central and preponderant paper (these, by force of the insolvency are considered the proprietrioseconmicos of the company). That is, it is in the sphere doscredores now the decision not to recoup the company, and where terms, appointedly how much to its maintenance in the title of devedorinsolvente or the one of outrem. To creditors will fit, therefore, to decide if opagamento of its credits will result of liquidation integral dopatrimnio of debtor (in the terms of the present code or in agreement complano of insolvency that comes to approve), or through the maintenance emactividade and reorganization of the company.