Post by xyz2900 on Feb 11, 2024 5:43:40 GMT -5
For the São Paulo Courts, any business activity, not just commercial, is subject to the bankruptcy regime. According to the São Paulo Court of Justice, the change was introduced by the new Civil Code, which adopted the theory of the entrepreneur as someone who “professionally carries out organized economic activity for the production or circulation of goods or services” and is, therefore, subject to bankruptcy. The understanding was taken by the TJ when judging an appeal from the civil society Alegra Participações. In January 2003, Gerdau (iron and steel manufacturer), represented by lawyer Pablo Dotto , filed for Alegra's bankruptcy, claiming that it had not paid a debt of R$791, which had already been protested.
The court of first instance accepted the request, but bankruptcy was not declared because Alegra deposited the amount in court. Even so, Alegra appealed saying that, as a civil society, and not a commercial activity, it could not submit to the bankruptcy regime. It would, therefore, not meet the requirements set out in the old bankruptcy law (Decree-Law 7,661/45), in force at the time the Belize Email List action was filed. In his vote, the rapporteur, judge Boris Kauffmann, understood that, “although Decree-Law 7,661/45 refers to the condition of traders as those subject to bankruptcy”, the new Civil Code, in 2003, expanded the scope of the regime bankruptcy for all entrepreneurs.AICE will be mandatory as a basic service plan, for exclusively domestic use, limited to one access per household.
The AICE subscription will have a lower price than usual, and calls made through this terminal will have the same amount charged in other classes of the STFC basic plan in the local modality, plus an answering fee corresponding to two minutes. AICE will have neither a franchise nor time modulation. Within the scope of competition in the sector, despite Anatel's intense activity in 2005 (marked, mainly, by the introduction of the Account Separation and Allocation Regulation, which seeks to provide greater clarity to the activity of large groups), it is known that many urgent issues are still pending definition, such as, for example, the definition of the concept of “Significant Market Power” (PMS), the provision of the Multimedia Communication Service (SCM) with numbering resources, the implementation of number portability and the creation of a General Competition Targets Plan (PGMC) for the sector.
The court of first instance accepted the request, but bankruptcy was not declared because Alegra deposited the amount in court. Even so, Alegra appealed saying that, as a civil society, and not a commercial activity, it could not submit to the bankruptcy regime. It would, therefore, not meet the requirements set out in the old bankruptcy law (Decree-Law 7,661/45), in force at the time the Belize Email List action was filed. In his vote, the rapporteur, judge Boris Kauffmann, understood that, “although Decree-Law 7,661/45 refers to the condition of traders as those subject to bankruptcy”, the new Civil Code, in 2003, expanded the scope of the regime bankruptcy for all entrepreneurs.AICE will be mandatory as a basic service plan, for exclusively domestic use, limited to one access per household.
The AICE subscription will have a lower price than usual, and calls made through this terminal will have the same amount charged in other classes of the STFC basic plan in the local modality, plus an answering fee corresponding to two minutes. AICE will have neither a franchise nor time modulation. Within the scope of competition in the sector, despite Anatel's intense activity in 2005 (marked, mainly, by the introduction of the Account Separation and Allocation Regulation, which seeks to provide greater clarity to the activity of large groups), it is known that many urgent issues are still pending definition, such as, for example, the definition of the concept of “Significant Market Power” (PMS), the provision of the Multimedia Communication Service (SCM) with numbering resources, the implementation of number portability and the creation of a General Competition Targets Plan (PGMC) for the sector.