With the new understanding, it will be enough to prove the agent's guilt to obtain the refund in double undue charges made in consumer relations.
CVM proposes the creation of the duty to communicate corporate claims, such as judicial or arbitration proceedings in which the issuer, its controlling shareholders or its directors appear as parties.
One of the highlights of the new law is the possibility of using the appropriate means for the prevention and resolution of disputes related to property rights arising from the bidding agreements.
Although there is still no consensus, the Judiciary is consolidating the understanding that, in certain situations, the pandemic justifies state intervention to ensure financial balance in commercial leases.
New bidding law introduces competitive dialogue as a bidding modality, but the analysis of some issues shows that improvements still fit
A didactic and visual presentation of the occurrences of the case facilitates communication between lawyer and judge and allows a very objective analysis of the case.
Article 32 of MP 1.040/21 draws attention for inserting Article 206a-A in the Civil Code to provide that the intercurrent prescription will comply with the same period there of the claim.
A retrospect of the changes in Law No. 11,101/2005 that deal with the position of the Treasury in relation to tax credits and tax enforcement
By creating economic incentives for spontaneous fulfillment of an obligation, the understanding in the case law that has been crystallizing in the Supreme Court induces the debtor to evaluate the cost/benefit of objecting to with the execution of judgment.
New provisions offer greater predictability and security to those interested in assets of companies under judicial reorganization. Selling assets should become more straightforward, and the value of offers to recovering companies is expected to grow.
According to the Superior Court of Justice's understanding, not all partners should be affected by the application of the piercing of the corporate veil. Nonetheless, those who were part of the management during the practice of fraudulent acts tend to be seen as benefiting from the wrongdoing and, thus, can be reached by the application of the institute.
Interpretation of the law brings legal uncertainty to arbitration agreements and represents a step back from the settled case-law.