Post by account_disabled on Mar 7, 2024 2:29:26 GMT -5
Caixa Econômica Federal will not be able to deduct the amounts it paid in excess to Bolsa Família beneficiaries due to an error in the bank's system. This was the decision of federal judge Antônio Maurique, summoned to act at the Federal Regional Court of the th Region (Porto Alegre). The payment of a higher amount took place between September and October for six thousand families in Paraná.
The Federal Public Defender's Office filed a Public Civil Action requesting an injunction after discounts between R$ and R$ began to be made in March this year. CEF appealed against the decision in court. He claimed that CEF and the Union had suffered a serious or difficult to repair injury in maintaining the full value of the benefit until the action was judged.
The first instance granted the injunction because it understood BTC Number Data that if there is a risk, it affects Bolsa Família beneficiaries. He also recalled that the benefit aims to combat poverty. Furthermore, the amounts were received in good faith by the beneficiaries. When analyzing the appeal, Maurique had the same understanding as the first degree court. With information from the TRF- Press Office.
The better the contract, the less work later. Content is the key element of a good contract. And he is better the greater his ability to predict all situations, from the obvious to the most likely and unlikely. The "shielded contract", which leaves no room for doubt or the possibility of litigation, is as good for the international market as it is for the national one. Clauses should not leave room for ambiguity because they can become a kind of backfire.
Termination
For the party purchasing products or services, a termination clause is often the best protection when a contractual relationship is not working well. Ideally, termination should be permitted at any time, as long as notice is given in advance (e.g., days). Be careful with clauses that allow termination once a year, within a certain period. Finally, there are cases where you can declare that certain clauses (such as confidentiality, outstanding payments, etc.) remain even after a termination of the main contract.
Warranties
Any party providing goods or services needs to consider including clauses that limit warranties. In the case of contracts involving goods, the commercial code already provides for certain guarantees, unless there are specific disclaimers regarding these guarantees. Some warranties — such as the warranty of fitness for the buyer's purpose — may be difficult for the seller to meet. Warranties can also be an issue for parties providing services. Furthermore, the party providing services or products may include a liability limitation clause, so as not to be exposed to situations such as loss of profits by the other party, etc., in the event of a problem.
The views are from Methven & Associates, a corporate law firm, according to its slogan. For Brazilian lawyers and businesspeople, it is worth knowing some principles that Americans consider fundamental in defining the content of a contract.
See the main points highlighted by the panel:
General principles
Probably the two main sources of contractual disputes are: a) failing to include all possible situations in the contract, whether deliberately or not; b) ambiguity of contractual clauses. Ambiguity can lead to arguments that are difficult to resolve, especially if each party has mentally interpreted the provision in their favor. It is necessary to review a contract several times to avoid these problems. Leaving essential provisions (e.g. prices and delivery times) open for later discussion may render the contract unenforceable if the two sides cannot later reach an agreement. Likewise, failing to foresee all possibilities, even the most unlikely ones, can lead to problems if any of these possibilities occur.
The Federal Public Defender's Office filed a Public Civil Action requesting an injunction after discounts between R$ and R$ began to be made in March this year. CEF appealed against the decision in court. He claimed that CEF and the Union had suffered a serious or difficult to repair injury in maintaining the full value of the benefit until the action was judged.
The first instance granted the injunction because it understood BTC Number Data that if there is a risk, it affects Bolsa Família beneficiaries. He also recalled that the benefit aims to combat poverty. Furthermore, the amounts were received in good faith by the beneficiaries. When analyzing the appeal, Maurique had the same understanding as the first degree court. With information from the TRF- Press Office.
The better the contract, the less work later. Content is the key element of a good contract. And he is better the greater his ability to predict all situations, from the obvious to the most likely and unlikely. The "shielded contract", which leaves no room for doubt or the possibility of litigation, is as good for the international market as it is for the national one. Clauses should not leave room for ambiguity because they can become a kind of backfire.
Termination
For the party purchasing products or services, a termination clause is often the best protection when a contractual relationship is not working well. Ideally, termination should be permitted at any time, as long as notice is given in advance (e.g., days). Be careful with clauses that allow termination once a year, within a certain period. Finally, there are cases where you can declare that certain clauses (such as confidentiality, outstanding payments, etc.) remain even after a termination of the main contract.
Warranties
Any party providing goods or services needs to consider including clauses that limit warranties. In the case of contracts involving goods, the commercial code already provides for certain guarantees, unless there are specific disclaimers regarding these guarantees. Some warranties — such as the warranty of fitness for the buyer's purpose — may be difficult for the seller to meet. Warranties can also be an issue for parties providing services. Furthermore, the party providing services or products may include a liability limitation clause, so as not to be exposed to situations such as loss of profits by the other party, etc., in the event of a problem.
The views are from Methven & Associates, a corporate law firm, according to its slogan. For Brazilian lawyers and businesspeople, it is worth knowing some principles that Americans consider fundamental in defining the content of a contract.
See the main points highlighted by the panel:
General principles
Probably the two main sources of contractual disputes are: a) failing to include all possible situations in the contract, whether deliberately or not; b) ambiguity of contractual clauses. Ambiguity can lead to arguments that are difficult to resolve, especially if each party has mentally interpreted the provision in their favor. It is necessary to review a contract several times to avoid these problems. Leaving essential provisions (e.g. prices and delivery times) open for later discussion may render the contract unenforceable if the two sides cannot later reach an agreement. Likewise, failing to foresee all possibilities, even the most unlikely ones, can lead to problems if any of these possibilities occur.