Nullity of arbitration clauses in adhesion contracts
Recently, Judge Larissa Gaspar Tunala, of the 1st Business and Arbitration Conflicts Court of the District of São Paulo/SP, annulled the arbitration clause in a lease contract on the Quinto Andar platform on the grounds of the vulnerability of the tenant party and the absence of their consent to the use of arbitration. It has […]
Judicial debts and sentences gain new parameters for monetary correction and interest rates
Law No. 14.905/24, passed on July 1, 2024, amended the Civil Code to standardize the rules on monetary correction and interest rates in civil, judicial or extrajudicial obligations. Most of these changes will come into force within 60 days of the publication of the new law. In short, the main changes are: These changes resolve […]
Heirs are not personally liable for the deceased’s debts until the inventory has been completed and the assets divided up
Recently, the 3rd Panel of the Superior Court of Justice (STJ), in Special Appeal No. REsp 2.042.040 – SP, handed down a decision of great relevance to heirs in probate proceedings, establishing that they are not personally liable for the deceased’s debts until the probate is concluded and the assets are divided. The decision brings […]
João Máximo Rodrigues
Selic rate for updating judicial indemnities: everything right and nothing solved!
Since 2021, there have been many requests for review and interruptions in the judgment of REsp n. 1.795.982/SP, which will define under the general repercussion regime (binding decision for all courts in the country) whether civil debts should be updated using the Selic Rate or monetary correction and interest of 1% per month. On March […]
Is it bankruptcy’s turn?
The article “Is it bankruptcy’s turn?”, written by Leonardo Ribeiro Dias and João Máximo Rodrigues, from our litigation, arbitration and insolvency practice, is featured in Estadão. Three years after the reform of the Reorganization and Bankruptcy Law, the Federal Government intends to implement new changes to the corporate insolvency system, this time focusing on bankruptcy. […]
Is it bankruptcy’s turn?
Three years after the important reform of the Bankruptcy and Reorganization Law, the Federal Government intends to implement new changes to the corporate insolvency system, this time focusing on bankruptcy. This likely update should generate interesting opportunities for the stressed asset market. According to data from Serasa Experian, based on the 12 months to November […]
Extrajudicial compulsory adjudication of real estate regulated
In January of this year, Law 14.382/22 came into force, implementing the Electronic Public Records System (Serp). Among the innovations introduced is the possibility of extrajudicial compulsory adjudication of real estate. Compulsory Adjudication is the right of the buyer to force the transfer of ownership of a property, provided he has fulfilled all his contractual […]
São Paulo court rules that interest rates charged by banks cannot be higher than the market average
This is a topic that always comes up again in times of high SELIC rates. In this scenario, it is common for financial institutions to be challenged in court for an alleged abuse in charging interest. Recently, the São Paulo Court of Justice, through the 20th Chamber of Private Law, consolidated its understanding that banks […]
