Impacts of the rejection of the Incident of Disregard of Legal Personality

The 3rd Panel of the Superior Court of Justice (STJ) recently ruled, in REsp 2.123.732/MT (2023/0357456-6), that the decision on a request for disregard of the legal personality (IDPJ) in an enforcement proceeding generates preclusion, preventing a new request from being made with the same justification. The disregard of legal personality allows the private assets […]

STJ recognizes that summons delivered to condominium doorman is not always valid

citação entregue ao porteiro de condomínio

The 3rd Panel of the Superior Court of Justice (STJ), in a recent ruling – REsp 2.069.123/SP (2023/0143738-6) – recognized the relativity of the presumption of validity of the summons delivered to the concierge of a building condominium, even if without reservations, dismissing the understanding that defended its absolute nature. Art. 248, §4 of the […]

STJ recognizes validity of contractual clause limiting liability

cláusula contratual de limitação de responsabilidade

The 3rd Panel of the Superior Court of Justice (STJ) has recognized the validity of a contractual clause that provides for the limitation of liability of the contracting parties, provided that it is freely agreed. It is therefore a matter of guaranteeing the exercise of the parties’ autonomy of will, which must be ensured as […]