Post by account_disabled on Mar 7, 2024 3:28:49 GMT
With a presentation text by Minister Luiz Fux of the Federal Supreme Court and a selection of decisions and petition models for those working in the area the book Recuperação Judicial Extrajudicial and Bankruptcy – Theory and Practice . The authors minister Luis Felipe Salomão of the Superior Court of Justice and lawyer Paulo Penalva Santos launched the work at the headquarters of the Association of Magistrates of the state of Rio de Janeiro Amaerj.
In pages the book provides a practical assessment of the almost seven years of validity of the Bankruptcy and Business Recovery Law which changed the paradigms of judicial treatment of companies in financial difficulties. And it has the advantage of being written by two experts on the topic. Penalva is an active lawyer in the field and professor of Business Law at Fundação Getúlio Vargas in Rio de Janeiro. And Salomão based on decisions taken in the Private Law Section of the STJ dictated some of the directions that the still new law has followed until now.
The minister was the rapporteur of STJ decisions that reinforced BTC Number Data the barrier so that the Labor Court does not interfere in a harmful way in company recovery plans and gave companies a longer period of time so that they do not suffer judicial executions. Salomão's focus has always been to allow the company to truly recover and not just for the mechanisms of the new law to be a brief survival.
In one of his decisions the minister established that the labor judge cannot order the disregard of the legal personality to block the assets of the partners and the company. And the day period for executions against the company to be suspended can be extended. In his vote Salomão highlighted that the objective is to preserve the assets not to benefit the partners but so that they can guarantee the recovery process.
“The Court must observe the social function of the company and guarantee the means so that it can rebuild and maintain the jobs it generates” he said in a recent interview with ConJur .
In addition to the Business Recovery Law the book analyzes Complementary Law which amended the National Tax Code adapting it to the new system for restructuring companies in financial and economic difficulties. Thanks to the authors' experience the reader will understand the indispensable depth of some complex issues the objectivity of the models and advice for professionals who need brief considerations to act in the daily tasks involving judicial recovery.
In pages the book provides a practical assessment of the almost seven years of validity of the Bankruptcy and Business Recovery Law which changed the paradigms of judicial treatment of companies in financial difficulties. And it has the advantage of being written by two experts on the topic. Penalva is an active lawyer in the field and professor of Business Law at Fundação Getúlio Vargas in Rio de Janeiro. And Salomão based on decisions taken in the Private Law Section of the STJ dictated some of the directions that the still new law has followed until now.
The minister was the rapporteur of STJ decisions that reinforced BTC Number Data the barrier so that the Labor Court does not interfere in a harmful way in company recovery plans and gave companies a longer period of time so that they do not suffer judicial executions. Salomão's focus has always been to allow the company to truly recover and not just for the mechanisms of the new law to be a brief survival.
In one of his decisions the minister established that the labor judge cannot order the disregard of the legal personality to block the assets of the partners and the company. And the day period for executions against the company to be suspended can be extended. In his vote Salomão highlighted that the objective is to preserve the assets not to benefit the partners but so that they can guarantee the recovery process.
“The Court must observe the social function of the company and guarantee the means so that it can rebuild and maintain the jobs it generates” he said in a recent interview with ConJur .
In addition to the Business Recovery Law the book analyzes Complementary Law which amended the National Tax Code adapting it to the new system for restructuring companies in financial and economic difficulties. Thanks to the authors' experience the reader will understand the indispensable depth of some complex issues the objectivity of the models and advice for professionals who need brief considerations to act in the daily tasks involving judicial recovery.
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