Post by xyz3600 on Feb 25, 2024 7:05:12 GMT
The extrajudicial liquidation of a company does not authorize it to withdraw amounts that it voluntarily deposited in court before the dissolution. The decision was made by the 3rd Panel of the Superior Court of Justice, concluding that the voluntary deposit extinguishes the credit relationship between the parties. Rapporteur, minister Nancy Andrighi stated in her vote that there is no legal provision authorizing the supervening of the decree of extrajudicial liquidation, judicial recovery or bankruptcy to have a deconstitutive effect on payments previously made in a lawful manner. STJ STJ Minister Nancy Andrighi, who voted to maintain the previous sentences According to the process, the insurance company was ordered to pay the defendant estate amounts relating to a life insurance contract, in addition to compensation for moral damages.
After the voluntary deposit of part of the amount due, the extrajudicial liquidation of the insurance company was declared, a fact that motivated the insurer to request its withdrawal. The first and second degree courts denied the request on the grounds that the deposit made prior to the liquidation decree would not be subject to the competition of creditors. In the appeal, the insurer defended the thesis that Middle East Mobile Number List maintaining the deposit (or withdrawing the money by the creditor) implies a violation of the principle of par conditio creditorum , since it is not a credit of an extra-competitive nature. For the rapporteur, the normative content of articles 74, paragraph 3, of Decree 60,459/67 and 98, paragraph 3, of Decree-Law 73/66, identified as violated in the special appeal, does not support the legal thesis exposed, which attracts the incidence of the shortcut provided for in Precedent 284/STF.
As can be seen, the transcribed legal provisions do not regulate what should happen with the amounts voluntarily deposited by the liquidating company as a form of payment due to a court conviction", he noted. The minister recalled that a recent decision by the 3rd Panel established the understanding that the suspension of actions and executions resulting from the decree of extrajudicial liquidation of companies subject to the regime of Law /74 —as in the hypothesis analyzed— does not have the logical consequence of deconstitution of the attachment already perfected. Nancy highlighted that extrajudicial liquidation procedures, according to the understanding established by the STJ, are similar in nature to judicial recovery and bankruptcy processes — as in all of them there is subjection to collective and universal execution —, so that par conditio creditorum is a principle which must always be observed.
After the voluntary deposit of part of the amount due, the extrajudicial liquidation of the insurance company was declared, a fact that motivated the insurer to request its withdrawal. The first and second degree courts denied the request on the grounds that the deposit made prior to the liquidation decree would not be subject to the competition of creditors. In the appeal, the insurer defended the thesis that Middle East Mobile Number List maintaining the deposit (or withdrawing the money by the creditor) implies a violation of the principle of par conditio creditorum , since it is not a credit of an extra-competitive nature. For the rapporteur, the normative content of articles 74, paragraph 3, of Decree 60,459/67 and 98, paragraph 3, of Decree-Law 73/66, identified as violated in the special appeal, does not support the legal thesis exposed, which attracts the incidence of the shortcut provided for in Precedent 284/STF.
As can be seen, the transcribed legal provisions do not regulate what should happen with the amounts voluntarily deposited by the liquidating company as a form of payment due to a court conviction", he noted. The minister recalled that a recent decision by the 3rd Panel established the understanding that the suspension of actions and executions resulting from the decree of extrajudicial liquidation of companies subject to the regime of Law /74 —as in the hypothesis analyzed— does not have the logical consequence of deconstitution of the attachment already perfected. Nancy highlighted that extrajudicial liquidation procedures, according to the understanding established by the STJ, are similar in nature to judicial recovery and bankruptcy processes — as in all of them there is subjection to collective and universal execution —, so that par conditio creditorum is a principle which must always be observed.