Understanding Extrajudicial Enforcement in Brazil
What is the Competence to Carry Out Extrajudicial Enforcement?
A: For extrajudicial titles, the primary rule is the jurisdiction of the courts where the obligation is to be fulfilled, in accordance with Article 100, section IV, paragraph d, of the Code of Civil Procedure. Article 100 – The competent court is: IV – the place: d) where the obligation must be fulfilled, for the action that will require compliance.
Is a Bank Credit Agreement an Extrajudicial Enforceable Title?
A: A bank credit contract
Read MoreInternational Trade: Key Players and Payment Methods
Key Intermediaries in International Trade
Customs Broker
A customs broker is a professional agent licensed by local customs authorities. They act on behalf of importers and exporters, preparing and submitting all necessary documentation for clearing goods through customs. This requires passing a comprehensive examination. A customs broker facilitates relationships with customs and other relevant bodies.
Freight Forwarder
An international freight forwarder acts as an agent for the exporter, managing
Read MoreContracts Outside Commercial Establishments: Spain
Contracts Outside Commercial Establishments (Arts. 107-113 LGDCU)
Contracts concluded away from business establishments are not, in themselves, illegal business practices. However, the initiative of the employer and non-comparability by consumers of the quality and price of the offer can lead to unfair trade practices. Additionally, these negotiations are often carried out in haste, often involve a surprise element, and the cost of the contract is usually very high, which discourages consumers from
Read MoreUnderstanding Jurisdiction: Definition, Elements, and Types
Jurisdiction: An Introduction
Jurisdiction is a fundamental concept in law. It refers to the authority of a court or other legal body to hear and decide a case.
1. Jurisdiction: The Foundation
All judges possess jurisdiction, but not to compete. Jurisdiction is the justice that applies.
2. Competence: Defining Limits
Competence represents the upper limit of jurisdiction.
5. The Judicial Function
The judicial function is exercised exclusively by the Supreme Court of Justice and other courts established
Read MoreUnderstanding Contractual Conditions: Types & Compliance
Contractual Conditions: Concept and Nature
Article 1113 of the Civil Code states that a condition is the dependence of the effects of a contract on an uncertain future event, or a past event unknown to the stakeholders. Uncertainty is the defining characteristic of a condition; it is not known whether the event will occur (objective uncertainty), or whether it has occurred (subjective uncertainty).
The condition affects the production of effects of the bargaining, not the business itself. The condition
Read MoreFASID Matrix: Imperfections and Dissolution in Islamic Law
FASID Matrix: Imperfect Marriages
The matrix in FASID (Aunq x ntrlza ppio) is considered imperfect or FASID if it is not healthy. This loses its effect due to any circumstances outside the business background. JCO or its scope constitutes the essentiality, and in such a case, the fundamental consequence is that it can be dissolved by demand in court.
A matrix is defined as FASID if it concurs with any circumstances. For example:
- Irregularities in the dowry.
- If the matrix is held during a period of pilgrimage