Dissolução societária parcial e cumprimento de sentença

AUTOR(ES)
DATA DE PUBLICAÇÃO

2007

RESUMO

In this work, the material law and the procedural law applicable to partial dissolution of corporate partnership are studied, with special emphasis on the procedures executed as of the Law 11.232/2005, which introduced the observance of sentence as a stage of the syncretic ordinary proceeding. Initially, the foreign legislation regarding the partnership partial dissolution was analyzed, establishing that, in the same way there is the constitutional principle establishing the right of free association, there is, correspondingly, the right to disassociation. This principle, in fact, is combined with the principles of the preservation of the company and its social function, which aim the continuity of the enterprise economical activity, considering its important economical and social projection. The legislative evolution in Brazil concerning the subject was demonstrated, which, at first, as doctrinal creation and of jurisprudence, with the Civil Code of 2002, initiated its legal express provision, under its material aspect and, with the advent of the Law 11.232/2005, the legal developmental cycle was completed, since the legal procedure to be observed in this proceeding was defined. After determining the concept and appointing the legal nature of the procedural law applicable to partial dissolution of corporate partnership, and after discoursing about its procedural requirements, its proceeding conditions and its substantial merit issues, the sentence, the remedies and the differential preliminary injunctions acting in this proceeding were detailed. Next, the complementary stage of property ascertainment was analyzed, which observes judgement quod computet; in order to integrate to the conviction sentence the marketability requirement. Finally, the stage of sentence observance was treated, in addition to the corresponding intertemporal law, to occasional hypothesis in which, after the conviction is rendered practicable, without spontaneous fulfillment of obligation, by means of empiric procedure, the expropriation acts are destined to credit satisfaction

ASSUNTO(S)

direito processual civil sociedades comerciais -- leis e legislacao -- brasil direito processual civil liquidacao (direito comercial) -- brasil direito material

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