Post by xyz3400 on Feb 20, 2024 1:50:31 GMT -5
It is possible to file a rescission action to overturn the decision declaring bankruptcy. This is because the act that declares bankruptcy has the nature of a constitutive sentence, thus complying with the rule of article 485 of the 1973 Code of Civil Procedure regarding the appropriateness of termination. The decision was made by the 3rd Panel of the Superior Court of Justice when judging the rescission action proposed by the partners of a dairy products company that was declared bankrupt after protesting the title made by an association of rural producers. When interpreting article 99 of Law (Bankruptcy Law), Minister Nancy Andrighi, rapporteur of the appeal, clarified that "the decision-making act that declares bankruptcy has the nature of a constitutive sentence, as its delivery causes the dissolution of the company businesswoman, leading to the inauguration of a specific legal regime, bankruptcy.
She stated that the situation analyzed fits the requirements established in article 485 of the CPC— in force at the time the action was filed —, which authorizes the filing of rescission only when the act to be rescinded is a "sentence on the merits." "Even if this were not the case, doctrine and jurisprudence have long Honduras Mobile Number List understood that the expression 'sentence' conveyed in the caput of article 485 of the CPC/1973 should be given a broader scope, in order to also reach interlocutory decisions that face the merit", he added. In her vote, Nancy Andrighi cited two cases that involved the issue of rescission action, each with a different focus. One of them in which the collegiate allowed the processing of the termination against the decision of an interlocutory appeal.
In this process, the collegiate understood that the rescission can be used to overturn decisions with merit content and that have acquired the authority of material res judicata. In the other case – REsp –, the collegiate recognized the possibility of the bankrupt filing a rescission action against the decision that declared bankruptcy, understanding that, despite the patrimonial effects, bankruptcy does not remove the legitimacy for filing actions . With information from the press office of the Superior Court of Justice.In fact, there are many cases, such as Cervejaria Backer, of companies that are fined and banned by inspection agencies due to non-compliance with norms, procedures or standards set out in technical regulations, but which are able to document environmental compliance . and regulatory, even if they have adopted good practices.
She stated that the situation analyzed fits the requirements established in article 485 of the CPC— in force at the time the action was filed —, which authorizes the filing of rescission only when the act to be rescinded is a "sentence on the merits." "Even if this were not the case, doctrine and jurisprudence have long Honduras Mobile Number List understood that the expression 'sentence' conveyed in the caput of article 485 of the CPC/1973 should be given a broader scope, in order to also reach interlocutory decisions that face the merit", he added. In her vote, Nancy Andrighi cited two cases that involved the issue of rescission action, each with a different focus. One of them in which the collegiate allowed the processing of the termination against the decision of an interlocutory appeal.
In this process, the collegiate understood that the rescission can be used to overturn decisions with merit content and that have acquired the authority of material res judicata. In the other case – REsp –, the collegiate recognized the possibility of the bankrupt filing a rescission action against the decision that declared bankruptcy, understanding that, despite the patrimonial effects, bankruptcy does not remove the legitimacy for filing actions . With information from the press office of the Superior Court of Justice.In fact, there are many cases, such as Cervejaria Backer, of companies that are fined and banned by inspection agencies due to non-compliance with norms, procedures or standards set out in technical regulations, but which are able to document environmental compliance . and regulatory, even if they have adopted good practices.