O estatuto do empresário em dificuldades financeiras
Autor | Robson Zanetti |
Cargo | Advogado. Doctorat Droit Prive Université de Paris 1 Panthéon-Sorbonne. Corso Singolo Diritto Privato Universitá degli Studi di Milano |
Nosso legislador procura proteger determinadas categorias de pessoas, por questões de interesse público. Assim faz ao favorecer os idosos, lhes fornecendo um merecido estatuto.
O Estatuto do Idoso tem a finalidade de proteger as pessoas com idade avançada, permitindo, entre outros, que estas pessoas tenham uma prioridade no julgamento de suas causas.
Presume-se que estas pessoas merecem um tratamento especial, porque o julgamento de suas causas pode ocorrer somente após seu falecimento, e elas assim não viriam a se beneficiar do resultado.
Lógica semelhante para que deveria ser aplicada aos empresários em dificuldades financeiras, os quais não deveriam esperar pela sua “morte”, que se dá com a falência, para muitas vezes receberem seus créditos.
O credor em dificuldades financeiras deveria ter prioridade no julgamento das ações em que é beneficiário de alguma prestação, ou poderia ser.
Neste sentido, o titular de um crédito decorrente de precatório deveria ter prioridade no seu recebimento, já que o recebimento em data distante poderia não lhe ser útil se sua falência viesse a ser declarada.
Porém, seu recebimento de forma prioritária poderia ser motivo de sua recuperação. Da mesma...
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