Amazon coupons case
By Vitor Ferrari and Ivan Kubala In the early hours of Wednesday, January 25, 2021, Amazon Brazil launched a series of discount coupons for various products on its online delivery website. However, a flaw in the system for generating and applying these coupons allowed customers to accumulate discounts by entering more than one […]
Shared custody of PETs
By: Vitor Antony Ferrari, Ivan Kubala A law is much more than a legal device created to regulate a certain conduct. It is a cultural trait of a society, since the legal asset protected and the reason for the norm having been created says a lot about the universe in which the legislator is inserted. The changes […]
Non-attachability of financial investments and current account deposits
By: Vitor Antony Ferrari, Ivan Kubala Brazilian law establishes a list of assets considered unattachable, that is, assets that cannot be used to satisfy a debt collected in court. Examples include real estate considered a family asset, salary, retirement income, pensions, and amounts of up to 40 minimum wages deposited in a savings account, which are […]
Qualification and Objection of Credit in Judicial Recovery in light of the changes promoted by Law No. 14,112/20
By: Vitor Antony Ferrari and Ivan Kubala. It is not uncommon for a creditor to find themselves involved in a judicial recovery process, but, given the peculiarities of the procedure provided for in Law No. 11,101/05, not to know exactly how to act, which can result in the loss of important deadlines, such as those related to the discussion of the credit that they have […]
Succession – Inheritance between brother and half-brother
By: Vitor Antony Ferrari and Ivan Kubala Brazilian law protects the interests of all family members and, since 1988, with the Federal Constitution, eliminated the difference between children born in a marriage, those born out of wedlock and adopted children. In this way, children are equal before the law and have the same rights […]
Extrajudicial Recovery in light of the changes promoted by Law No. 14,112/20
By: Vitor Antony Ferrari and Ivan Kubala Before the enactment of Law No. 14,112/20, extrajudicial recovery was already considered an alternative tool for companies that were in a momentary financial crisis, but the scenario in which they found themselves did not reflect such great pressure from creditors on the Company's cash flow in order to […]
(Im)seizability of the guarantor’s property in a lease – Topic 1,127 STF
By Vitor Antony Ferrari and Ivan Kubala* The Supreme Federal Court (STF) is currently processing Extraordinary Appeal 1307334, which specifically addresses the constitutionality of the (non)seizability of residential property owned by a guarantor of a commercial lease instrument. The Judgment already has eight votes, all of which were cast on August 12, and was suspended with […]
Multi-ownership (Time Sharing) of Urban and Rural Properties
By: Vitor Antony Ferrari and Ivan Kubala. In short, time sharing or multi-ownership consists of sharing assets, whether real estate or movable, for a period of time, which may belong to one or more partners/investors. It is a type of temporal division of the asset. In Brazil, 02 (two) years before Law No. 13,777/18 was enacted, […]
Payment Conditions for Labor Creditors – Updates in Accordance with the Reform and Recent Case Law
By: Vitor Antony Ferrari and Ivan Kubala* As is known, the legislation that provides for judicial recovery and bankruptcies dates back to 2005, although until the beginning of 2021 the original text underwent very few or almost no changes, so that during 15 (fifteen) years of validity it was up to the Judiciary to settle […]
The possibility of replacing the IGP-M as an adjustment index in Lease Agreements
By: Vitor Antony Ferrari and Ivan Kubala* The application of the IGP-M (general price index – market) has been widely discussed due to the disproportionate accumulation that the index has been indicating since 2020, which has generated an increase in legal demands seeking to replace this index with a less onerous one, mainly in […]