Post by xyz3400 on Feb 20, 2024 5:14:10 GMT
Asset seizure cannot be replaced by guarantee insurance solely based on the technical aspects of the quality and effectiveness of the guarantee offered, but must also take into account the factual conditions of the case. With this understanding, the 1st Chamber of Business Law of the Court of Justice of São Paulo dismissed an interlocutory appeal that requested the replacement of the seizure of a multinational group, in the amount of R$ 1.1 billion. The panel considered it important the fact that the defendant, based abroad and belonging to the group that had its assets seized in Brazil, refuses to appear in the case. The process states that the blocking of R$1.1 billion occurred as part of the bankruptcy of Mabe Brasil Eletrodomésticos.
The bankrupt estate promotes a civil liability process with a request to disregard the legal personality against the company's former partners, identified as responsible for the bankruptcy. According to the designated rapporteur of the appeal, judge Cesar Ciampolini, although the Code of Civil Procedure equates guarantee insurance to seizure, the factual circumstances of the specific case cannot be disregarded, which make Honduras Mobile Number List replacement unfeasible at this time. The judge states that there is no collaborative attitude on the part of the group of which the former partners are part, since, even after blocking the amount, they refuse to appear in the case.If even with such a significant amount blocked in the account of the aggravators, the other defendants in the group are not willing to collaborate with the Court so that the process lasts a reasonable amount of time, one can imagine their attitude when they manage to raise it.
Holder of 28% of the company's shares, he had already requested to withdraw from the company in October 2001. He was over 70 years old, suffered from cancer and was away from business, residing in Argentina. In May 2006, the local court, considering the likelihood of the right claimed, in addition to the author's advanced age and health status, granted early relief. Thus, it determined that Irgovel paid R$405,000 per month to the author, in 12 monthly installments, up to the amount calculated by the audit contracted by the parties. Failure to pay the installments would result in a daily fine of R$10,000 in favor of the author. Unsatisfied, Irgovel filed appeals with the Rio Grande do Sul Court of Justice to suspend the interim relief, but the decision ended up being confirmed on more than one occasion. In August 2007, the Court finally ordered compliance with the court decision.
The bankrupt estate promotes a civil liability process with a request to disregard the legal personality against the company's former partners, identified as responsible for the bankruptcy. According to the designated rapporteur of the appeal, judge Cesar Ciampolini, although the Code of Civil Procedure equates guarantee insurance to seizure, the factual circumstances of the specific case cannot be disregarded, which make Honduras Mobile Number List replacement unfeasible at this time. The judge states that there is no collaborative attitude on the part of the group of which the former partners are part, since, even after blocking the amount, they refuse to appear in the case.If even with such a significant amount blocked in the account of the aggravators, the other defendants in the group are not willing to collaborate with the Court so that the process lasts a reasonable amount of time, one can imagine their attitude when they manage to raise it.
Holder of 28% of the company's shares, he had already requested to withdraw from the company in October 2001. He was over 70 years old, suffered from cancer and was away from business, residing in Argentina. In May 2006, the local court, considering the likelihood of the right claimed, in addition to the author's advanced age and health status, granted early relief. Thus, it determined that Irgovel paid R$405,000 per month to the author, in 12 monthly installments, up to the amount calculated by the audit contracted by the parties. Failure to pay the installments would result in a daily fine of R$10,000 in favor of the author. Unsatisfied, Irgovel filed appeals with the Rio Grande do Sul Court of Justice to suspend the interim relief, but the decision ended up being confirmed on more than one occasion. In August 2007, the Court finally ordered compliance with the court decision.