Post by messi05 on Jan 24, 2024 3:55:01 GMT -4
Objective, that is, the insolvency of the legal entity is sufficient. If there are obstacles to the consumer's compensation, due to insufficient assets of the legal entity being found, the judge may disregard the personality to access the partners' assets [5] . Furthermore, the consumer has the right to facilitate the defense of their rights in court (article 6, VIII of the CDC) and enabling a procedural incident, a type of intervention by third parties with the suspension of the main process, leads to a procedural delay that is of no interest to the consumer.
Furthermore, the need for the incident to Buy Phone Number List disregard the legal personality in consumer relations offends the principle of non-retrogression. If before the new CPC the judge could disregard the legal personality, ex officio, in consumer relations (this is because the CDC is a rule of public order), now, with the new CPC (in which there is a need to initiate the incident — and it cannot be ex officio!) there will be a clear setback in consumer protection. What previously made it possible to disregard ex officio, now, with the new CPC, in addition to not being able to disregard ex officio, even the incident (preceding the disregard) must have an express request.
If the piercing of the legal personality is requested in the initial petition, the initiation of the incident is waived (art. 134, § 2° of the new CPC/15). The partner or legal entity (partner) will be cited to refute the possibility of disregard (art. 135 of the new CPC/15). [2] Article 50 of the CC. In the case of abuse of legal personality, characterized by misuse of purpose, or confusion of assets, the judge may decide, at the request of the party, or of the Public Prosecutor's Office when it is up to him to intervene in the process, that the effects of certain and determined relationships of obligations are extended to the private assets of the administrators or partners of the legal entity. [3] In this sense, the former Minister of the STJ, Carlos Alberto Menezes Direito, in the REsp trial.
Furthermore, the need for the incident to Buy Phone Number List disregard the legal personality in consumer relations offends the principle of non-retrogression. If before the new CPC the judge could disregard the legal personality, ex officio, in consumer relations (this is because the CDC is a rule of public order), now, with the new CPC (in which there is a need to initiate the incident — and it cannot be ex officio!) there will be a clear setback in consumer protection. What previously made it possible to disregard ex officio, now, with the new CPC, in addition to not being able to disregard ex officio, even the incident (preceding the disregard) must have an express request.
If the piercing of the legal personality is requested in the initial petition, the initiation of the incident is waived (art. 134, § 2° of the new CPC/15). The partner or legal entity (partner) will be cited to refute the possibility of disregard (art. 135 of the new CPC/15). [2] Article 50 of the CC. In the case of abuse of legal personality, characterized by misuse of purpose, or confusion of assets, the judge may decide, at the request of the party, or of the Public Prosecutor's Office when it is up to him to intervene in the process, that the effects of certain and determined relationships of obligations are extended to the private assets of the administrators or partners of the legal entity. [3] In this sense, the former Minister of the STJ, Carlos Alberto Menezes Direito, in the REsp trial.