Impacts of the rejection of the Incident of Disregard of Legal Personality
The 3rd Panel of the Superior Court of Justice (STJ) recently ruled, in REsp 2.123.732/MT (2023/0357456-6), that the decision on a request for disregard of the legal personality (IDPJ) in an enforcement proceeding generates preclusion, preventing a new request from being made with the same justification. The disregard of legal personality allows the private assets […]
Yamana Azevedo
STJ recognizes that summons delivered to condominium doorman is not always valid
The 3rd Panel of the Superior Court of Justice (STJ), in a recent ruling – REsp 2.069.123/SP (2023/0143738-6) – recognized the relativity of the presumption of validity of the summons delivered to the concierge of a building condominium, even if without reservations, dismissing the understanding that defended its absolute nature. Art. 248, §4 of the […]
STJ recognizes validity of contractual clause limiting liability
The 3rd Panel of the Superior Court of Justice (STJ) has recognized the validity of a contractual clause that provides for the limitation of liability of the contracting parties, provided that it is freely agreed. It is therefore a matter of guaranteeing the exercise of the parties’ autonomy of will, which must be ensured as […]
Condominium credit is only extraconcursal if it comes after reorganization, STJ decides
In a recent decision[1], the 3rd Panel of the Superior Court of Justice unanimously ruled that claims for condominium debts prior to the filing for judicial reorganization are concurrent and must be paid under the terms defined in the judicial reorganization. In other words, Justice Marco Aurélio Bellize ruled that “condominium debts are included in […]
