Post by account_disabled on Mar 13, 2024 3:17:06 GMT -5
The 34th Chamber of Private Law of the Court of Justice of São Paulo suspended the attachment of the real surface right of Real Arenas Empreendimentos Imobiliários over Allianz Parque, Palmeiras' stadium. The attachment was requested by a service provider, which says it has R$1.4 million to receive from the stadium administrator.
Disclosure
Disclosure Allianz Parque, Palmeiras stadium, is managed by the company Real Arenas
Alleging difficulty in locating sufficient B2B Lead assets to satisfy its credit, the service provider requested the attachment of the real right to the surface of Allianz Parque. The rapporteur, judge Nestor Duarte, defended the search for a measure to pay the credit with less burden on the debtor.
“Although the appellant states that it does not intend to 'remove any and all acts of constriction, but rather that due respect be maintained for the limits imposed by current legislation and in line with current doctrine and jurisprudence, in order to remove – even if hypothetically – the situation of financial death of the company', at no time does it indicate other assets, especially those with easier liquidity, to guarantee the debt”, he said.
The rapporteur stated that it is necessary to wait for the search for other seizable assets of Real Arenas, a measure that was determined by the court of origin in another appeal. Duarte did not rule out the seizure of Allianz Parque's revenues, through the appointment of an administrator, as was initially requested by the service provider.
In any case, until the conclusion of the survey of Real Arenas' seizable assets, the execution of the seizure over the real right to the stadium's surface is suspended. “Only after these measures have been exhausted and also that of article 774, V and sole paragraph of the CPC, and as long as the indication concerns assets with proven liquidity, the attachment of the contested surface right should be reestablished”, concluded the rapporteur.