Results

Category: Civil

Rescisão de contrato de compra e venda: caso de registro tardio

Termination of purchase and sale agreement: case of late registration

Custas complementares: extinção de processo por não recolhimento é indevido

Additional costs: termination of proceedings for non-payment is undue

Conjur

The challenges of floating legal interest with the new legal rate

STJ define que credores de adiantamento de contrato de câmbio têm prioridade no recebimento em processos de Recuperação Judicial.

Advance on Exchange Contract: creditor can receive before other RJ credits are settled

taxa legal

The challenges of floating legal interest with the new Legal Rate

marco legal dos seguros

Insurance Legal Framework: modernization requires attention

Globo rural

Why is the bio-inputs bill a milestone for Brazilian agribusiness?

bioinsumos

Bioinputs: why is the bill a milestone for agribusiness?

União estável pós-morte: STJ define competência para Ação de Reconhecimento.

Post-mortem stable union: STJ defines jurisdiction for recognition action

Carbon credits: Law 15.042/24 represents a new chapter for Brazil

The importance of using the system of precedents for judicial efficiency

The importance of using the system of precedents for judicial efficiency

Eviction action for non-payment of rent: STJ decides that Judicial Recovery does not interfere

STJ recognizes legal validity of electronic signatures not accredited by ICP-Brasil

Unregistered plot purchase agreement is null and void – STJ

Why is out-of-court reorganization still underused in Brazil?

Impossibility of seizing stock options: what the STJ says

Fraud against creditors allows seizure of family property

STJ delimits deadline for filing claims in bankruptcies decreed before Law 14.112/2020

Has the Bankruptcy Law gone bankrupt?

Is it possible to include a company in Judicial Reorganization due to recognition of an economic group?

Private law foundations cannot apply for judicial reorganization

The ticking time bomb of the statute of limitations

Collective judgment: protection guaranteed by the STJ

Nullity of arbitration clauses in adhesion contracts

Is e-mail notification valid for consumer denial?

STJ: statute of limitations on debt prevents collection, but does not impose removal of name from SERASA

liquidação de sentença

Judgment settlement: amount recognized by the debtor can be demanded immediately

Impacts of the rejection of the Incident of Disregard of Legal Personality

STJ allows seizure of parking space only if auction is restricted to condominium owners

penhora de bem de família

STJ authorizes seizure of family assets to pay retirement debts

contrato de factoring

STJ annuls execution of confession of debt in factoring contract: understand the implications and the importance of contractual transparency

Casa do Pão de Queijo: how the coffee and snack chain went into receivership

Odebrecht, Americanas and others: understand the reasons for the recurrent requests for judicial reorganization in Brazil

restituição de valores a mutuário

STJ denies restitution to borrower after failed property auctions

correção monetária e taxa de juros

Judicial debts and sentences gain new parameters for monetary correction and interest rates

Odebrecht files for judicial reorganization with debts of 4.6 billion dollars

dever de revelação do árbitro

STJ holds that breach of the arbitrator’s duty to disclose only annuls arbitral award if impartiality is prejudiced

Domicílio Judicial Eletrônico

Electronic Judicial Domicile: mandatory registration for MEIs, small and micro-enterprises ends in September

With mass indebtedness, requests for judicial recovery are on the rise

Heirs are not personally liable for the deceased’s debts until the inventory has been completed and the assets divided up

Polishop’s judicial reorganization

reforma do Código Civil

Reform of the Civil Code: change in the valuation of quotas and shares in companies in the division of assets

Casas Bahia (BHIA3) has a ‘smart’ and ‘persuasive’ strategy

ampliação da impenhorabilidade

Extending impeniability: STJ recognizes protection for other financial assets

Casas Bahia shares soar after company announces debt recovery agreement

Penhora do faturamento empresarial

Attachment of debtors’ business income: consolidation of the STJ’s understanding

Challenges and prospects for rural producers: a significant increase in requests for judicial recovery

embargos à execução de título estrangeiro

STJ decides that Brazilian courts have jurisdiction to hear motions to stay enforcement of foreign titles

citação entregue ao porteiro de condomínio

STJ recognizes that summons delivered to condominium doorman is not always valid

Legal certainty for debtors: STJ decides that the value of the cause in a monitory action can be changed until the payment order is issued

Dia announces judicial reorganization: what will happen to the company in Brazil?

Selic para atualização de indenizações judiciais

Selic rate for updating judicial indemnities: everything right and nothing solved!

débito de condomínio anterior a usucapião

STJ ruling: property owner not liable for condominium debt prior to adverse possession

Is it bankruptcy’s turn?

Falências

Is it bankruptcy’s turn?

Judicial reorganization: crop failure causes claims to skyrocket in 2023

After an increase in bankruptcies and judicial reorganizations, bill aims to speed up proceedings

With Gol in receivership, what happens to passengers? Is there a risk of no flight?

What should be Gol’s next steps in judicial reorganization in the US?

cláusula contratual de limitação de responsabilidade

STJ recognizes validity of contractual clause limiting liability

Untimeliness of appeal is ruled out when the court system gives the wrong deadline

Bank deposits of legal entities can be seized, STJ decides

STJ decision establishes requirement of fiscal regularity for judicial reorganization to be granted

Extrajudicial compulsory adjudication of real estate regulated

STJ authorizes attachment of shares of debtor company in Judicial Reorganization

STJ decides that credit not qualified in RJ is subject to monetary restatement limit:

Condominium credit is only extraconcursal if it comes after reorganization, STJ decides

In cases of Early Production of Evidence, the right to an adversarial hearing cannot be completely denied

Electronic contracts are recognized as extrajudicial executive titles

Updating of judicial reorganization credits may have criteria that differ from the law

Guarantee insurance is equivalent to cash collateral even if the creditor opposes it

São Paulo court rules that interest rates charged by banks cannot be higher than the market average

Superior Court of Justice rules that all defendants must be notified of the property appraiser

STJ vetoes seizure of family property for condominium debt

STJ to discuss the adoption of an income limit for granting free justice

STJ decides that debtors can have part of their salary seized to pay debt

STJ invalidates e-mail notification for purposes of proving unfulfilled obligation

SNIPER: how does this tool increase the effectiveness of credit recovery processes?

STJ revises understanding and worsens the situation of debtors in enforcement proceedings

Leasing: STJ considers repossession action in foreclosure when the asset is not located

Business Law” Podcast #11 – Impacts of the amendment to the Arbitration Law in Brazil

Arbitration Law: new bill jeopardizes the speed of proceedings in Brazil

Can a farmer’s future harvest be considered an essential asset in the event of judicial reorganization?

Bill provides for changes to the Arbitration Law

Arbitration: conflict resolution mechanism in cases of judicial reorganization or bankruptcy

Arbitration – The principle of broad access does not apply to arbitration proceedings

The right to claim nullity in a challenge to compliance with a judgment expires in 90 days

STF agrees on attachment of guarantor’s family assets in commercial lease agreement

Marcos Martins Advogados announces new head of Civil Litigation

STJ defines five-year statute of limitations for action to collect a bank credit bill

Small companies get differentiated regime for the obligations of the General Data Protection Law – LGPD

STJ reaffirms the court’s case law on the appropriateness of arbitration against a company in judicial reorganization

Possession repossessions against families are suspended in the pandemic

Case law: application of the Price Table in real estate purchase contracts

STJ special court resumes judgment on the application of the Selic rate to civil debts

The possibility of disposing of assets by a company in out-of-court reorganization

Law 14.195/21: Intercurrent prescription and the importance of prior research by the creditor

STJ: Denunciation of lede to guarantor of counter-guarantee contract inadmissible

Law No. 14.195/21 amends the rule on summons and provides for the imposition of a fine for acts against the dignity of justice