Difference between property regimes in marriage
By: Vitor Ferrari, Ivan Kubala. Marriage, in addition to uniting the lives of two people, also unites their assets. However, adopting the correct property sharing regime is essential for spouses to protect themselves in the event of a divorce. This text addresses the differences between the existing regimes. Both marriage and […]
Guarantor Partner and Exemption from Guarantee in Lease Agreement
By: Vitor Antony Ferrari, Ivan Kubala The guarantor partner who has withdrawn from the guaranteed business partnership must be careful when releasing the guarantee provided in a lease agreement. It is very common that in a lease agreement signed by business partnerships, one of the partners offers a surety as a guarantee, so that they are responsible for any debts of the […]
Excessive Noise and Moral Damage
By: Vitor Antony Ferrari, Ivan Kubala Noise coming from neighbors can be very annoying. Therefore, it is understood that, if it is excessive, the disturbance may be grounds for compensation for moral damages. One of the biggest annoyances that people have while they are at home is, without a doubt, noise. This is one of the main reasons that lead […]
Disregard of Legal Personality and the Extension of the Effects of Bankruptcy in the Insolvency Process.
By: Vitor Ferrari and Ivan Kubala There is a common problem in the Judiciary regarding the compatibility, or not, of the incident of disregard of the legal personality with the extension of bankruptcy. In the original wording of law 11.101/05, the extension of bankruptcy was always used as an instrument to reach third parties. However, with the reform, there was the incident of […]
STF concludes discussion on (Im)seizability of guarantor’s property in lease – Topic 1,127
By: Vitor Antony Ferrari, Ivan Kubala As we have already announced, Extraordinary Appeal 1307334 is currently being processed at the Federal Supreme Court (STF), discussing the constitutionality of the (non)seizability of the residential property of the guarantor of a lease agreement. At the time, the judgment already had eight votes, all of which were cast on August 12, after […]
Forms of Usucaption
By: Vitor Antony Ferrari, Ivan Kubala Usucapion is the original form of obtaining property, since there is no legal link between the former owner and the new one. It involves obtaining property, usually real estate, as a result of the time in which it was occupied in a quiet and peaceful manner, and there may be a just title, such as a […]
PL 191/20: the new mining frontier in Brazil
By: Vitor Antony Ferrari, Ivan Kubala With the recent Russian invasion of Ukraine, the shipment of fertilizers from that country to Brazil has been threatened, either by the embargoes imposed on the Russian economy or by Moscow’s need to maintain a large stock of these raw materials, which are the base compounds for fertilizers that are also used for military purposes. The possible […]
SERASA will be held responsible for blocking debtors' cell phones
By: Vitor Antony Ferrari, Ivan Kubala The National Consumer Secretariat (SENACON), part of the Ministry of Justice, is preparing a notification for the companies SERASA and SuperSim for the alleged remote blocking of cell phones of debtor customers who stopped paying their debts. Several consumers reported that their cell phones simply froze, […]
STJ defines the Market Value of the Property as the Calculation Basis for ITBI
By: Vitor Antony Ferrari, Ivan Kubala In real estate transactions, notably in the transfer of real estate, whether free of charge or for a fee, the incidence of tax (ITCMD and ITBI, for example) is a very recurrent subject and has always generated debates in the administrative and judicial spheres, as the respective municipal and state legislation does not exhaust all […]
Sale of Assets in Judicial Recovery
By: Vitor Antony Ferrari, Ivan Kubala The Bankruptcy and Judicial Recovery Law lists an exemplary list of means that companies can use in their recovery plan and to preserve their activities, among which the sale of assets stands out. However, there are some rules that must be observed by companies in […]