Post by account_disabled on Mar 11, 2024 21:33:43 GMT -6
The creditor of the company that intends to have its legal personality disregarded must provide proof of the fraud perpetrated; otherwise, it will bear the damage caused by the debtor's insolvency. If the patrimonial autonomy was not used improperly, there is no basis for disregard.
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Snack bar owners who rented unoccupied property are not liable for debts from businesses that previously occupied the location
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Based on this understanding, judge Portugal Mobile Number List José Augusto Nardy Marzagão, from the 4th Civil Court of the District of Atibaia, decided to deny the request for inverse disregard of the legal personality of a snack bar that occupies the same property registered as belonging to another company.
When analyzing the case, the judge pointed out that the disregard of the legal personality is only possible upon the finding of confusion of assets or misuse of the purpose of the legal entity, proven by concrete elements indicative of fraud, abuse of rights, bad faith on the part of the directors, partners and representatives of the company. The judge understood that this was not the case, deciding to dismiss the case.
The diner's owners were represented by lawyer Bruno Zaramello . He explains that the Civil Code provides that the purchaser of the establishment is responsible for the debts of the previous trade; however, this only happens if it is proven that the acquisition of the establishment was made through a transfer contract, which is a negotiation known as "purchase of a commercial location".
"The previous establishment closed its activities months before the opening of the new store, with no negotiations or relationships between them", he explains.