Especialização em Direito Processual Civil Contemporâneo
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Navegando Especialização em Direito Processual Civil Contemporâneo por Autor "Barichello, Ricardo Cordeiro"
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Artigo Científico Acesso embargado O prazo prescricional para o pedido de desconsideração da personalidade jurídica(2018) Barichello, Ricardo CordeiroDisregard of legal personality is a practice in civil law and consumer law, which is to disregard the separation of assets between the capital of a company and the assets of its partners for the purposes of certain obligations, in order to avoid its improper use, or where it is an obstacle to reimbursement of damages caused to third parties. When there is a deviation from the determining purposes of its constitution, disregard will occur. However, when the form of the legal entity, or the legal entity itself, is used in order to escape the purposes predefined by the law, Article 50 of the Civil Code establishes that "in case of legal personality abuse", characterized by the deviation or by the confusion of assets may the judge, at the request of the party, or of the Public Prosecutor's Office when it may intervene in the proceedings, that the effects of certain and certain relations are understood to the particular assets of the administrators or partner of the legal entity. Disregard of legal personality is a means of guaranteeing the rights or reimbursements of creditors, so that they do not file with the losses of a company where the partners have the objective to harm society. In view of this, this request for disregard, has a statute of limitations to cite the managing partner, which is the subject of major discussions within the jurisprudential framework, which finally came to the conclusion that the prescription for the request for disregard of personality legal form in detriment of the managing partner must be counted from the judicial order ordering the citation of the company Executed.