EXCELLENCY DOCTOR OF LAW JUDGE second. STICK JUDICIAL – FORUM OF DISTRICT ………………
CONTRAINDICATIONS REASONS DE APPEAL
No process ……………………… DE EMB. THIRD
…………….. Regularly qualified, by his lawyer and the prosecutor signed the end, comes respectfully to the presence of Your Excellency, in the records of the Third embargoes offered by HSBC BANK BRAZIL S / A – BANCO MULTIPLE against execution of sentence on collapsing of budget Execution No. ……………. required by BAMERINDUS BANK OF BRAZIL S / A also against Terini company & Terini offer their counter-arguments to ordinary forms of appeal filed by HSBC, unhappy with r. handed down (pages ….) appeals to the Court of E High School in order to modify it.
However, face the judgment does not register any offense to the literal provisions of the law and not cause offense to the constitutional guarantee of legal defense, have been nonconformity as unfounded, and the action was brought a simple procrastinatório act, waiting for, the Respondent, which r. sentence (pgs. …) is maintained by Colenda House that examine, ruling once again with the best decision and justice.
Terms that met and in accordance with legal provisions and style of governing appellate matter, are the counter-arguments encartadas the feature to accompany him if referred to the Court, waiting to deserve it GRANTING
São Paulo, July …. …
OAB / SP. ………..
ELEMENTS DOS THIRD embargoes
Easy to note that the BAMERINDUS BANK OF BRAZIL as a creditor with the company ……………, having appealed to …………… joint debtor, filed against both the Implementation No. ……….. ………… signed by the lawyer, occurring the property attachment (pages ….), registration by the CRI (pages ….) and cancellation (pages ….). Therefore offered the motion to stay execution by the last, were upheld, and the BAMERINDUS BANK OF BRAZIL S / A convicted in sucumbencial budget.
Initiated the implementation phase then the objector seeking the receipt of defeat of funds set those stays of execution practiced attachment (pages ….) initially came embargoes offered by BAMERINDUS BANK OF BRAZIL against enforcement of the judgment taking place attachment (pages ….) cash in the amount of R $. ….. These embargoes were judged partially founded to regulate the interest applied to the sucumbencial funds, bringing them to 0.5% level also setting the initial term, with no new condemnation of costs and attorney’s fees. THIRD embargoes
As well usually do in such circumstances, in which remains always won the HSBC BANK BRAZIL – MULTIPLE BANK has offered Third embargoes by claiming to shirk responsibility saying he was the BAMERINDUS in liquidation and not have it the obligation HSBC the payment of compensation. But examining the two decisions released by the intelligent Judge of First Degree, notably on pages. ……, One can see and come to the conviction mistake in expository claim of HSBC. He, HSBC, is yes, responsible for the liabilities which have as their taxable event the contracts between the BAMERINDUS and its clients, contrary sensu, would have been the contract between financial institutions a way to practice the embezzlement under the legislation in compliance with the rules of the Central Bank. ELEMENTS
Do not put the tiring task of examining the award on motions to stay execution offered by BRAZIL’S BANCO BAMERINDUS S / A, and to transcribe here some topics of the decision that decided the opposite Third embargoes by HSBC BANK BRAZIL S / A – BANCO MULTIPLE (pages ….) that became reason for the present appeal filed by the latter.
As r. fine handed down (pages …..), verbatim:
“The contract particulars concluded by objector to the acquisition of assets and liabilities of the Bank Bamerindus S / A do not affect the embargoed, who did not attend the maidenhair fern.”
While under their own legal philosophy, and even within the law General Theory is reap indirect lesson that a contract has no effect against third parties not participating in the same, that premise becomes more burning in this case where there is the assignment the assets and liabilities of BAMERINDUS BANK OF BRAZIL S / A has incorporated the right of this with the company …………. and solidarity also appealed before the ……… …………., whose assignment latter was not communicated in the form of civil substantive law. In this case it is to be noted that the field of legality relates only to what is prescribed in the laws. Therefore, very well communicated the sentencing judge to say that
“The particulars of the contract by objector to the acquisition of assets and liabilities of the Bank Bamerindus S / A do not affect the embargoed, who was not part of the covenant”, adding up here, directly or indirectly.
Most said the sentencing judge Worship, even on pages. …, Verbatim:
“What was reported in the media is that HSBC BANK A / S acquired the assets and liabilities and assumed the banks of the run. The contract submitted with the complaint turns out that there was the assumption by the purchaser of “certain assets and liabilities of the Bank Bamerindus substantially relating to banking and insurance developed by Bamerindus Bank and its clients and agencies” (letter “d “on pages. 19).”
Faced with this news and content disseminated by the media can not admit how HSBC’s false advertising that would also be a crime on his part and on the other hand, the same effect can not be accepted regarding the discussed obligation, be it one of the lies Conventional our legal system with regard to the HSBC responsibility to contract with assumption of assets and liabilities OF BRAZIL S / A BAMERINDUS denying validity to what hired.
The very laws are not made by those who should legislate, ie to be the interpreter of effective population’s interests, therefore, looked after the Noble Magistrate tyrannical, simple culture in its r. sentence, interpret impartially contract in favor of a BAMERINDUS customer, a citizen, a member of the population.
With its firm decision, always present in their sentences, most said the young Magistrate (pages ….)
“With regard to embargoed, no matter what your credit is not included in liabilities assumed by the objector. This is a matter to be resolved between the two banks that hired the transfer of assets and liabilities. The agreement reproduced in the record makes clear that the liability exceeds the assets the acquirer will have to be compensated. Soon, customers who have become creditors of Bamerindus Bank of Brazil S / A may require the objector to satisfy the obligation under art. 568, I, of the Code of Civil Procedure. ”
The appellant, HSBC BANK BRAZIL – MULTIPLE BANK, considers bringing celebrated doctrine of succession, the desire to enforce that liabilities such as covered in this feature, do not affect the negotiation, since there was not really a succession of BANCO BAMERINDUS OF BRAZIL S / A by HSBC. Ledo misrepresentation on the part of its illustrious patrons as if there was no succession, there was contractually the acquisition of assets, liabilities, agencies, customer base and workforce, it is understood therefore more direct its obligation than it would be on the edge the succession.
Here you can bring the review, it is fast, saying that the institute of liability and obligations has a broad spectrum, covering today any factual situation resulting from the inter-relationship between people and much more from the bank or financial-institution customers, the coat of the Consumer Protection Code, and under the Constitution of 1988 (art. 5, X). The complexity of the modern world gave them special and unique dimension in the interpretation always the Judge to apply the relevant law, as happened in st. unfairly guerreada sentence.
Therefore r. pgs sentence. … Must remain on its own foundations, untouchable in its reasoning and the operative part that ended always consistent with the facts reported in the records, with the real truth and the best application of the law. Nothing wrong, nothing to be modified.
The appealed, deducing and concluding their counter-arguments, requires and expects the Colenda Chamber to examine the appeal will dismiss it, always with the impartiality with which he always thought throughout history of this E. Court, and convinced the Noble judges, admit the counter-arguments to be maintained at r. sentence by its own grounds, away and denying validity to the nonconformity of the appellant within the rule established by our procedural law.
Terms of waiting for the always well applied
……………. 30 200 …… ..
OAB / SP. n. …..
OAB / SP. 36,657