Post by xyz3700 on Feb 26, 2024 23:01:37 GMT -5
The State Courts and the Superior Court of Justice have already consolidated the understanding that the Judicial Recovery Court is competent to decide on the assets of companies undergoing judicial recovery, so much has already been discussed and decided specifically on constraints (attachments, for example) of goods essential to the activities of companies, carried out in autonomous executions filed by creditors. However, in a recent ruling handed down by the 27th Chamber of Private Law of the Court of Justice of São Paulo, the discussion went beyond the patrimonial issue by also establishing the Judicial Recovery Court as competent to assess claims that relate to the termination or maintenance of contracts considered essential to the exercise of business activity.
The origin of this discussion comes from a decision handed down by the Court of the 4th Civil Court of the District of Olinda/PE (in which the judicial recovery of a business group in the beverage distribution sector is being processed), in which the essentiality of two contracts of exclusive resale of products, with the Chinese Malaysia Phone Number List aim of compulsorily extending them, given the degree of importance they have for the business group undergoing judicial recovery. On the other hand, the supplier filed an independent action before the District of Itu/SP, requesting urgent relief for the termination of the resale contracts, one of the grounds being the allegation that the Court competent to judge the matter would be the one provided for in the contract signed between the parties, by a specific clause of choice of forum.
Upon receiving the initial request, the Court of the District of Itu/SP rejected the intended emergency relief, as the matter had already been assessed in the judicial recovery process. However, when resolving the case, the Court of the aforementioned action removed the jurisdiction of the 4th Civil Court of the District of Olinda/PE to judge the action and ordered the suspension of the process for one year, in order to avoid the delivery of conflicting decisions, which led to the filing of an appeal by the group of companies, for consideration by the TJ-SP. And, based on the previous recognition of the essentiality of contracts by the Court of judicial recovery, the 27th Chamber of Private Law of the Court of Justice of São Paulo reformed the First Degree decision and recognized the jurisdiction of that Court to process and judge the action of judicial termination of contract.
The origin of this discussion comes from a decision handed down by the Court of the 4th Civil Court of the District of Olinda/PE (in which the judicial recovery of a business group in the beverage distribution sector is being processed), in which the essentiality of two contracts of exclusive resale of products, with the Chinese Malaysia Phone Number List aim of compulsorily extending them, given the degree of importance they have for the business group undergoing judicial recovery. On the other hand, the supplier filed an independent action before the District of Itu/SP, requesting urgent relief for the termination of the resale contracts, one of the grounds being the allegation that the Court competent to judge the matter would be the one provided for in the contract signed between the parties, by a specific clause of choice of forum.
Upon receiving the initial request, the Court of the District of Itu/SP rejected the intended emergency relief, as the matter had already been assessed in the judicial recovery process. However, when resolving the case, the Court of the aforementioned action removed the jurisdiction of the 4th Civil Court of the District of Olinda/PE to judge the action and ordered the suspension of the process for one year, in order to avoid the delivery of conflicting decisions, which led to the filing of an appeal by the group of companies, for consideration by the TJ-SP. And, based on the previous recognition of the essentiality of contracts by the Court of judicial recovery, the 27th Chamber of Private Law of the Court of Justice of São Paulo reformed the First Degree decision and recognized the jurisdiction of that Court to process and judge the action of judicial termination of contract.