Eight years of jurisprudence from the Business Chambers
Feb 20, 2024 8:43:09 GMT
Post by xyz3400 on Feb 20, 2024 8:43:09 GMT
The evolution of the jurisprudence of the Business Law Chambers of the Court of Justice of São Paulo, throughout its eight years of existence, was the subject of a series of meetings organized by the firm Warde Advogados. According to lawyer Walfrido Warde, the Business Chambers revolutionized the state's business environment and brought security and legal certainty to the resolution of business conflicts. “It is important to look at their work, which is now reinforced by the recent creation of first instance Business Courts, if we want to understand how much we have evolved and where we are going”, said Warde. In the next columns, we will publish the presentations of the jurists invited to address the topic at meetings held throughout this semester. The complete schedule can be accessed by clicking here.
Decisions on corporations, by Alfredo Sérgio Lazzareschi Neto On, Alfredo Sérgio Lazzareschi Neto, partner at Warde Advogados, spoke about the interpretation and application of the Corporation Law by the Reserved Chambers of Business Law of the Court of Justice of São Paulo in several cases. According to the author of the book Lei das Sociedades por Ações Annotada , the principles of preserving the Honduras Mobile Number List company and the stability of corporate acts have guided the decisions of the Reserved Chambers. “I see two principles very present in the application of Law 6,404. The first is the preservation of the company, always present and guiding practically all decisions made by the Business Chambers. And the second principle is the stability of corporate acts, especially in relation to third parties.” See the full presentation here.
Decisions on limited companies, by Carlos Alberto Garbi On August 9, lawyer and consultant Carlos Alberto Garbi presented the most sensitive points about the discipline of limited companies in light of the precedents of the Reserved Chambers of Business Law of the Court of Justice of São Paulo. In the view of the retired judge, who was part of the 2nd Reserved Chamber of the Court, the subsidiary application of the simple company rule to limited companies is a controversy to be pacified by specialized jurisprudence. For example, the subsidiary application of article 1,029 of the Civil Code, according to which the partner of a simple company contracted for an indefinite period can withdraw at any time, would not fit within the core of the business limited company type, depending on the possible characterization in bad faith in the use of this potestative right, to the detriment of the preservation of the company. See the full presentation here.
Decisions on corporations, by Alfredo Sérgio Lazzareschi Neto On, Alfredo Sérgio Lazzareschi Neto, partner at Warde Advogados, spoke about the interpretation and application of the Corporation Law by the Reserved Chambers of Business Law of the Court of Justice of São Paulo in several cases. According to the author of the book Lei das Sociedades por Ações Annotada , the principles of preserving the Honduras Mobile Number List company and the stability of corporate acts have guided the decisions of the Reserved Chambers. “I see two principles very present in the application of Law 6,404. The first is the preservation of the company, always present and guiding practically all decisions made by the Business Chambers. And the second principle is the stability of corporate acts, especially in relation to third parties.” See the full presentation here.
Decisions on limited companies, by Carlos Alberto Garbi On August 9, lawyer and consultant Carlos Alberto Garbi presented the most sensitive points about the discipline of limited companies in light of the precedents of the Reserved Chambers of Business Law of the Court of Justice of São Paulo. In the view of the retired judge, who was part of the 2nd Reserved Chamber of the Court, the subsidiary application of the simple company rule to limited companies is a controversy to be pacified by specialized jurisprudence. For example, the subsidiary application of article 1,029 of the Civil Code, according to which the partner of a simple company contracted for an indefinite period can withdraw at any time, would not fit within the core of the business limited company type, depending on the possible characterization in bad faith in the use of this potestative right, to the detriment of the preservation of the company. See the full presentation here.