STJ annuls execution of confession of debt in factoring contract: understand the implications and the importance of contractual transparency
In a recent decision (REsp 2.106.765- CE ), the Superior Court of Justice (STJ) annulled the execution of a debt confession instrument linked to a commercial development contract (factoring). Factoring, also known as faturization or fomento mercantil, can be described, in a simplified way, as a commercial transaction through which a certain company (faturizadora) acquires […]
Extending impeniability: STJ recognizes protection for other financial assets
In a recent decision (REsp n. 1.677.144-RS.), the Superior Court of Justice (STJ) broadened its understanding of the unseizability of amounts deposited in checking accounts and other financial investments. The case in question brought up a crucial discussion on the interpretation of article 833, X, of the Code of Civil Procedure, which specifies the unseizability […]
Larissa Pires
STJ decision establishes requirement of fiscal regularity for judicial reorganization to be granted
On October 17, 2023, the 3rd panel of the Superior Court of Justice (STJ) handed down a decision that marked a significant change in the interpretation of the need for tax compliance in order for judicial reorganization to be granted. The decision in question refers to Special Appeal No. 2.053.240/SP. Prior to this, the prevailing […]
Electronic contracts are recognized as extrajudicial executive titles
An important legislative change took place on July 14, with the publication of Law No. 14.620/2023, which added paragraph 4 to article 784 of the Code of Civil Procedure (CPC), with the following wording: “In executive titles constituted or attested by electronic means, any form of electronic signature provided for by law is admitted, with […]
