Post by xyz3700 on Feb 27, 2024 8:34:33 GMT
Provisional Measure 881, dated April, was issued by the Federal Executive Branch, whose objective, according to its reasons contained in article 1, is to establish “the Declaration of Rights of Economic Freedom, which establishes standards of protection for free enterprise and free exercise of economic activity and provisions on the performance of the State as a normative and regulatory agent, in accordance with the provisions of item IV of the caput of art. 1st, in the sole paragraph of art. 170 and in the caput of art. 174 of the Federal Constitution”. The aforementioned MP 881/19 has not yet been validated by the National Congress, which will certainly question its relevance and urgency, mandatory for issuing provisional measures, as provided for in article 62 of the Federal Constitution.
In any case, considering its immediate effectiveness, among the “economic freedom rights” declared by MP 881/19, relevant changes stand out in the institute of disregard of legal personality , given the inclusion of changes in the wording of article 50 of the Civil Code . In this context, what can be seen from the changes introduced by MP 881/19 in article 50 of the Civil Code is precisely the intention to define the concepts of “personality abuse”, “misappropriation of Chinese Malaysia Phone Number List purpose” and “property confusion”, which, In other words, they were already defined and established by doctrine and jurisprudence. The new wording is worth transcribing: “ Art. 50. In case of abuse of legal personality, characterized by misuse of purpose or confusion of assets, the judge may, at the request of the party, or of the Public Prosecutor's Office when it is appropriate to intervene in the process, disregard it so that the effects of certain and determined relationships of obligations are extended to the private assets of administrators or members of the legal entity benefiting directly or indirectly from the abuse.
For the purposes of the provisions of this article, misuse of purpose is the intentional use of the legal entity with the purpose of harming creditors and for the practice of illicit acts of any nature. § 2 Confusion of assets is understood as the absence of de facto separation between assets, characterized by: I – repetitive fulfillment by the company of the partner's or administrator's obligations or vice versa; II – transfer of assets or liabilities without effective consideration, except for those with a proportionally insignificant value; and III – other acts of non-compliance with patrimonial autonomy. § 3 The provisions of the caput and § 1 and § 2 also apply to the extension of the obligations of partners or administrators to the legal entity. § 4 The mere existence of an economic group without the presence of the requirements referred to in the caput does not authorize the disregard of the legal entity's personality.
In any case, considering its immediate effectiveness, among the “economic freedom rights” declared by MP 881/19, relevant changes stand out in the institute of disregard of legal personality , given the inclusion of changes in the wording of article 50 of the Civil Code . In this context, what can be seen from the changes introduced by MP 881/19 in article 50 of the Civil Code is precisely the intention to define the concepts of “personality abuse”, “misappropriation of Chinese Malaysia Phone Number List purpose” and “property confusion”, which, In other words, they were already defined and established by doctrine and jurisprudence. The new wording is worth transcribing: “ Art. 50. In case of abuse of legal personality, characterized by misuse of purpose or confusion of assets, the judge may, at the request of the party, or of the Public Prosecutor's Office when it is appropriate to intervene in the process, disregard it so that the effects of certain and determined relationships of obligations are extended to the private assets of administrators or members of the legal entity benefiting directly or indirectly from the abuse.
For the purposes of the provisions of this article, misuse of purpose is the intentional use of the legal entity with the purpose of harming creditors and for the practice of illicit acts of any nature. § 2 Confusion of assets is understood as the absence of de facto separation between assets, characterized by: I – repetitive fulfillment by the company of the partner's or administrator's obligations or vice versa; II – transfer of assets or liabilities without effective consideration, except for those with a proportionally insignificant value; and III – other acts of non-compliance with patrimonial autonomy. § 3 The provisions of the caput and § 1 and § 2 also apply to the extension of the obligations of partners or administrators to the legal entity. § 4 The mere existence of an economic group without the presence of the requirements referred to in the caput does not authorize the disregard of the legal entity's personality.