It is practically impossible to apply the general rules
Posted: Wed Jan 22, 2025 10:39 am
Professor VALDEMAR FERREIRA, when he represented the State of São Paulo in the National Congress, was part of the Constitution and Justice Committee of the Chamber of Deputies.
And, as rapporteur of project no. 424-A, of 1936, on public limited companies (presented to the Chamber of Deputies by deputy GUDESTEU PIRES), he decided to draft, as a substitute (project no. 424-A) a Commercial Companies Code , whose main provisions we will analyze, briefly, making, for the purpose, the comments that the matter, in our view, entails.
The draft Commercial Companies Code by Professor VALDEMAR bulk sms hong kong FERREIRA offers, to those who examine it carefully, a characteristic that highly recommends it: it preserves what is good in our laws on the subject, improving them, imbued with the principle, undoubtedly salutary, that one does not change what is right just for the pleasure of changing. And it is also based on the postulate, also incontestable, that no doctrine is justified in law only by the logic with which it is deduced, but, above all, by the usefulness that results from it. And, for this reason, it does not support certain exotic novelties of foreign legislation on the subject.
The project contains nine titles, subdivided into several chapters. In total 281 articles.
It begins with the general provisions , conceptualizing the commercial company as a contract, which it defines as follows:
“ Art. 1° A commercial partnership contract is entered into by persons who mutually undertake to combine their capital or labor for the accidental or habitual practice of commercial acts, under a company name or corporate name”.
And, as rapporteur of project no. 424-A, of 1936, on public limited companies (presented to the Chamber of Deputies by deputy GUDESTEU PIRES), he decided to draft, as a substitute (project no. 424-A) a Commercial Companies Code , whose main provisions we will analyze, briefly, making, for the purpose, the comments that the matter, in our view, entails.
The draft Commercial Companies Code by Professor VALDEMAR bulk sms hong kong FERREIRA offers, to those who examine it carefully, a characteristic that highly recommends it: it preserves what is good in our laws on the subject, improving them, imbued with the principle, undoubtedly salutary, that one does not change what is right just for the pleasure of changing. And it is also based on the postulate, also incontestable, that no doctrine is justified in law only by the logic with which it is deduced, but, above all, by the usefulness that results from it. And, for this reason, it does not support certain exotic novelties of foreign legislation on the subject.
The project contains nine titles, subdivided into several chapters. In total 281 articles.
It begins with the general provisions , conceptualizing the commercial company as a contract, which it defines as follows:
“ Art. 1° A commercial partnership contract is entered into by persons who mutually undertake to combine their capital or labor for the accidental or habitual practice of commercial acts, under a company name or corporate name”.