Post by xyz3400 on Feb 20, 2024 0:30:52 GMT -8
The adjudication is considered perfect and complete with the drawing up and signature of the records by the judge, the adjudicator, the clerk or the head of the secretariat, and, if present, by the defendant, in accordance with § 1, article 877, of the Code of Civil Procedure. This was understood by the 7th Chamber of Private Law of the Court of Justice of São Paulo when denying the appeal of a businessman who had his shares in a company seized. He appealed to the TJ-SP alleging that his defense was restricted and that he could not comment on the special balance sheet presented by the company. Therefore, he claimed that the award would be null and void and that his social shares were worth more than that indicated in the balance sheet.
The appeal, however, was unanimously denied. According to the rapporteur, judge Miguel Brandi, "the issues brought up in the appeal, such as the violation of the adversary system and broad defense, are also fragile (because after the presentation of the balance sheet, even though not intimated to do so, there was an opportunity for the appellant to challenge ), seem to bring to light relationship difficulties Honduras Mobile Number List between the partner, the company and the other partner". Brandi stated that the businessman chose to remain silent after the judge of origin ordered the statement of the plaintiff (another partner of the company, represented in the case by lawyer Paulo Ramos ), and "nothing prevented him from challenging the document, preferring to allege the supposed nullity belatedly, with the publication of the decision.
Furthermore, for the rapporteur, there is no proof or even evidence that the balance sheet presented by the company is incorrect. Brandi highlighted that the document was signed by an accountant duly registered with the Regional Accounting Council "and there is nothing in the records that discredits her". "No study supported by relevant documents was presented by the appellant to demonstrate the incorrectness of the balance sheet", he added. "The judge of origin only complied with the provisions of article 861, II, of the CPC by summoning the demanding party to comment on the balance sheet. In effect, these social shares were already seized without opposition of the aggravating party, so that the original magistrate only followed the procedural procedure", stated the judge.
The appeal, however, was unanimously denied. According to the rapporteur, judge Miguel Brandi, "the issues brought up in the appeal, such as the violation of the adversary system and broad defense, are also fragile (because after the presentation of the balance sheet, even though not intimated to do so, there was an opportunity for the appellant to challenge ), seem to bring to light relationship difficulties Honduras Mobile Number List between the partner, the company and the other partner". Brandi stated that the businessman chose to remain silent after the judge of origin ordered the statement of the plaintiff (another partner of the company, represented in the case by lawyer Paulo Ramos ), and "nothing prevented him from challenging the document, preferring to allege the supposed nullity belatedly, with the publication of the decision.
Furthermore, for the rapporteur, there is no proof or even evidence that the balance sheet presented by the company is incorrect. Brandi highlighted that the document was signed by an accountant duly registered with the Regional Accounting Council "and there is nothing in the records that discredits her". "No study supported by relevant documents was presented by the appellant to demonstrate the incorrectness of the balance sheet", he added. "The judge of origin only complied with the provisions of article 861, II, of the CPC by summoning the demanding party to comment on the balance sheet. In effect, these social shares were already seized without opposition of the aggravating party, so that the original magistrate only followed the procedural procedure", stated the judge.