Disregard of legal entity'

partial socialization of risks and the necessary compliance with the requirements stipulated in Act 13.974/2019

Abstract

The disregard of legal entity found, in Act 13.974/2019, a considerable support to secure the patrimonial capacity and limit the liability of legal entities. The decision of the São Paulo Court of Appeals – the object of this study – denotes a possible new trend that, in line with the new law, seeks to put away incidents of disregard for personality that do not strictly meet the requirements stamped in the civil law. The judgment is also addressing to two peculiarities related to the theme: (i) a disregard for the legal personality of the associations, where the personal element of the partners is dispersed and (ii) a liability of the economic group.