A venda do fundo de comércio
Autor | Robson Zanetti |
Cargo | Mestre e doutorando em Direito Privado pela Université de Paris 1 - Panthéon/Sorbonne. Especialista em Direito Privado pela Università degli Studi di Milano. E-mail: robsonzanetti@yahoo.com.br |
O fundo de comércio é formado por uma universalidade de elementos materiais e imateriais, desprovido de personalidade jurídica e de patrimônio próprio.
Os elementos materiais são formados pelo conjunto de bens destinados a exploração do fundo de comércio e não por elementos que são utilizados a título pessoal e não a exploração do fundo.
Os elementos incorpóreos são formados pela clientela, o direito a locação, ao nome comercial e a insígnia, as patentes de invenção, desenhos e modelos, marcas, direitos de propriedade literária e artística e autorizações administrativas.
Esta breve introdução é importante para não seja confundida a venda de um fundo de comércio com institutos próximos, como a cessão de títulos sociais (quotas e ações) que, entre outros, faz com que o comprador adquira o ativo e o passivo do empresário com todos os riscos presentes no passivo. A venda não necessita forma especial, ela pode ser feita por instrumento público ou particular.
Na venda do fundo de comércio certos...
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