Judiciary Power

The new law of the trusts was approved in the end of 2008 peloSenado one and soon later sancionada by the dRepblica president. A stated period of 120 days was given to this law to paracomear to be valid. Then, naltima friday the same one only entered in vigor. With certainty, it will change the scene of the trusts noBrasil. Some changes partially represent antigoanseio of the population and that already estavamsendo judged for the Judiciary Power. Before who desejavaparar to pay or to rescind the contract alone quepagou would receive it if it only had balance and to the end of the group. In September de2005 the Court of Justice of Mines before determined the umconsrcio that returned to all the paid values the desisting umconsorciado one, exactly of the end of the group. Now, with anova law, the desisting excluded one or continues participating dossorteios e, will be drafted, will be able to receive what it paid, remembering that the reimbursement is made only on parcelareferente to the good.

The paid money for the insurance or taxes deadministrao is kept. Seno will be drafted, joined desisting ouexcludo will have to wait the end of the group to parareceber the paid value already. Newness also paraexcluso that now will have to be informadaatravs of notification, what antesno happened. Now serpossvel to use the trust paracontratao of services, what antesno was allowed. Of this form, any will pessoapoder to participate of a group specifies paraservios and the important one will be the value of the decredito letter and not it type of service.

The decrdito letter, for example, could be used for arealizao of plastic surgeries, trips and courses. In the item plastic surgeries the Plastic deCirurgia Advice if located of formacontrria, therefore, according to this, not possvel to define, without relatriomdico, if that person can or not make umaplstica. In these cases they had always been long facts pagamentosdiretamente to the doctor for the service or opaciente, in many cases, appealed to the bank to search umemprstimo. Then, the law made a novaverso of what already it existed of other forms and comoas credit letters are directed aoprestador of the service fit to this, in the casoespecfico the doctor, to take care of the ditamesticos, and if this to only opt to make servioo money will be used. Another great novidade the possibility of the use of umacarta of credit to quit another financing, since quea letter has a superior value to the value of the debit. Better Agorao was the determination daseparao of resources and patrimnioda administrator and the groups and establishes rules deresponsabilizao and puniodos administrators of these companies in case dem-management. With this the focus was changed, therefore emcasos we recentssimos of joined osprprios trust in addition is that they had been punished, poisesto being charged in new dosconsrcios values due the breaking. We point out that in this in case that cited some sentences jexistem confirming queno can be charged new values of the joined ones, mainly, of that already they were quit daliquidao before of trusts.

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