Post by xyz3600 on Feb 25, 2024 5:23:06 GMT
In the conventional separation of assets regime, written proof is a fundamental requirement to demonstrate the existence of a de facto company, under the terms of article 987 of the Civil Code. Istockphoto In the conventional separation of assets, written proof is essential to establish a de facto partnership Stockphoto If there is no proof of the corporate relationship through documents, the separation of assets provided for in the nuptial agreement remains. The decision is from the 3rd Panel of the Superior Court of Justice. In the action, the author stated that she actively contributed to the success of her ex-husband's family business, which is why she should be considered a de facto partner or owner of the enterprises. Furthermore, she stated that her ex-husband, a federal public servant, could not manage the company and, therefore, formally listed other people as partners.
The ex-wife's request was dismissed in the first instance, but the Court of Justice of the Federal District understood that the absence of a social contract does not prevent the recognition of the existence of a de facto partnership between people sharing efforts to achieve a very common. Despite recognizing the couple's property separation regime, the TJ-DF decided that it was necessary to avoid the illicit Middle East Mobile Number List enrichment of one of the parties, so that, once the common effort in acquiring the assets was proven, there would be a need to divide it. The rapporteur of the ex-husband's appeal, minister Villas Bôas Cueva, stated that, under the regime of conventional separation, community property is not presumed. Any interest in mixing assets — she added — must be expressed, and not assumed.
According to the minister, even if the possibility of people married under the separation regime were allowed to constitute, perhaps, a de facto society — as they are not prohibited from forming a condominium —, this relationship would not simply arise from life in common, as mutual support is a relevant foundation of the relationship. "There is evidence that, in the absence of cohabitation, the desire to acquire the same asset together or, as in the case at hand, to become partners in the same legal transaction should have been solemnly explained, which was not the case", stated the minister. The rapporteur also recalled that commercial results can be positive or negative, which is why it is assumed that whoever carries out business activity must also assume business risks. However, according to the minister, there is no evidence that his ex-wife made contributions or participated in the capital.
The ex-wife's request was dismissed in the first instance, but the Court of Justice of the Federal District understood that the absence of a social contract does not prevent the recognition of the existence of a de facto partnership between people sharing efforts to achieve a very common. Despite recognizing the couple's property separation regime, the TJ-DF decided that it was necessary to avoid the illicit Middle East Mobile Number List enrichment of one of the parties, so that, once the common effort in acquiring the assets was proven, there would be a need to divide it. The rapporteur of the ex-husband's appeal, minister Villas Bôas Cueva, stated that, under the regime of conventional separation, community property is not presumed. Any interest in mixing assets — she added — must be expressed, and not assumed.
According to the minister, even if the possibility of people married under the separation regime were allowed to constitute, perhaps, a de facto society — as they are not prohibited from forming a condominium —, this relationship would not simply arise from life in common, as mutual support is a relevant foundation of the relationship. "There is evidence that, in the absence of cohabitation, the desire to acquire the same asset together or, as in the case at hand, to become partners in the same legal transaction should have been solemnly explained, which was not the case", stated the minister. The rapporteur also recalled that commercial results can be positive or negative, which is why it is assumed that whoever carries out business activity must also assume business risks. However, according to the minister, there is no evidence that his ex-wife made contributions or participated in the capital.