Special Court analyzes the scope of the provision that allows attorney fees to be determined on an equitable basis
3/7/2022 In a trial session held last February 2nd, the Special Court of the Superior Court of Justice (STJ) resumed its judgment on the Repetitive Theme No. 1076, which discusses the range of the rule contained in article 85, paragraph 8 of the Code of Civil Procedure in cases where the amount in dispute or […]
Proposal Landmark Legal for Guarantees
1/31/2022 In November 2021, the Federal Government sent Bill No. 4,188/21 to the National Congress, which intends to foster the supply of credit, create Guarantee Management Institutions (IGGs), regulate the “Guarantee Agent” and reduce the complexity of the financial system for credit taking. As for the modifications to the regulation of real estate guarantees, it […]
Arbitration and Third-Party Funding
1/31/2022 When the parties decide to elect arbitration as the means to settle disputes arising out of a contract, their decision is usually guided by the various advantages that arbitration has over the Judiciary, such as: expertise of the arbitrators, flexibility and celerity of the proceedings. However, there is an aspect that is generally regarded […]
Cade abre inquérito para investigar concentração em mercado de leilões
Valor Econômico 21/01/2022 Por – Beatriz Olivon O Conselho Administrativo de Defesa Econômica (Cade) abriu inquérito para investigar se há concentração no mercado de leiloeiros e tentativa de dificultar a entrada da multinacional Copart no Brasil. O assunto foi levado ao órgão pela empresa americana que organiza leilões e responde a representações feitas por leiloeiros […]
STJ recognizes the legality of prenuptial agreement with a more restrictive marital property regime than provided for by law
12/23/2021 The Brazilian Civil Code establishes the separation of property regime as mandatory for any marriage or stable union of a person over 70 years. However, the Precedent 377 of the Brazilian Federal Supreme Court (STF) mitigates the effects of this rule, authorizing the community of property acquired in common effort during marriage or union […]
Key points in mergers and acquisitions contracts
1/5/2022 On November 23, 2021, another edition of the Finance & Law Summit Awards (“FILASA”) was held in São Paulo. The event, which brings together leaders of the legal and financial markets, aims to discuss relevant topics to these two worlds that are so closely connected. The partners from L.O. Baptista Advogados’ Dispute Resolution area, […]
