Post by xyz3600 on Feb 25, 2024 2:25:46 GMT -5
A company that improperly includes a credit that is not subject to the judicial recovery plan must bear procedural costs and expenses. This is because, by failing to obey the law, the company imposed on the creditor the obligation to file a credit challenge action and, therefore, must pay the honorary amount resulting from this act. Based on this understanding, the 2nd Chamber of Business Law of the Court of Justice of São Paulo granted the appeal of a creditor, condemning the debtor, who is in judicial recovery, to pay the procedural costs and expenses, in addition to the honorary amount, set in R$5 thousand. There was a divergence in the trial and the rapporteur, Araldo Telles, ended up defeated. The understanding of judge Ricardo Negrão prevailed. He criticized the company's “unjustifiable conduct” for having included in the plan a credit that was not subject to judicial recovery.
The art. 49 of the Judicial and Extrajudicial Recovery and Bankruptcy Law establishes that "all credits existing on the date of the request, even if not due, are subject to judicial recovery". Credits after the request are not included in judicial recovery. In the case in question, the TJ-SP understood that the company forced the creditor to take legal action to obtain the exclusion of the value from the recovery plan. “The burden Middle East Mobile Number List of failure falls on the recovering party, in cases where there is an obvious omission of a legal duty provided for on the burden of causality, in art. 51, III, of the LREF. She is the one who gave rise to the incident,” he said. The judge also stated that it is the obligation of the company undergoing judicial recovery to present a suitable list of creditors. “The court has to show that the company cannot do this.
Although the MP, as well as the aforementioned precedents, is important for reducing bureaucracy in labor relations, it is important to check the pros and cons that the adoption of this control will entail. On the one hand, the practicality of administering information that is usually little variable and does not require annotation is undeniable, as well as the premise of good faith between the parties, deconstructing the dogma that in labor relations the State has to invariably position itself with distrust of the employer. . On the other hand, there is a need to respect the daily time in which the employee makes himself available to the employer as a result of the contract, since the form of working hours control is the premise of the correct observance of rights relating to the duration of work, a norm of character unavailable that cannot be removed at the will of the parties.
The art. 49 of the Judicial and Extrajudicial Recovery and Bankruptcy Law establishes that "all credits existing on the date of the request, even if not due, are subject to judicial recovery". Credits after the request are not included in judicial recovery. In the case in question, the TJ-SP understood that the company forced the creditor to take legal action to obtain the exclusion of the value from the recovery plan. “The burden Middle East Mobile Number List of failure falls on the recovering party, in cases where there is an obvious omission of a legal duty provided for on the burden of causality, in art. 51, III, of the LREF. She is the one who gave rise to the incident,” he said. The judge also stated that it is the obligation of the company undergoing judicial recovery to present a suitable list of creditors. “The court has to show that the company cannot do this.
Although the MP, as well as the aforementioned precedents, is important for reducing bureaucracy in labor relations, it is important to check the pros and cons that the adoption of this control will entail. On the one hand, the practicality of administering information that is usually little variable and does not require annotation is undeniable, as well as the premise of good faith between the parties, deconstructing the dogma that in labor relations the State has to invariably position itself with distrust of the employer. . On the other hand, there is a need to respect the daily time in which the employee makes himself available to the employer as a result of the contract, since the form of working hours control is the premise of the correct observance of rights relating to the duration of work, a norm of character unavailable that cannot be removed at the will of the parties.