Consequence of an outdated law?

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In fact, our partnerships, or those with joint and unlimited liability of the partners, as well as the others covered by our Commercial Code, continue to be regulated by legislation that was drafted at the time of land transport on the backs of animals and economic liberalism; of the autonomy of will and sacred respect for the contract (which was law between the parties), a situation that is incompatible with the speed of air transport, of people and things; of the transmission of will by telephone and radio, making present contracting parties who were previously considered absent .

And, in which the principle of pacta sunt servanda is severely bulk sms usa packages affected by state interventionism (prohibition of imports, state discipline of the export of products, compulsory increase in wages, limitation of prices of goods and services, etc.) and by the power attributed to the judge to mitigate the rigor of the contract, in favor of the weaker contracting party, due to the concern of always keeping the installments of the agreement balanced, thanks to the extension of the rebus sic stantibus principle .

Likewise, the new orientation of labor law has a profound impact on the company's economy, with regard to wages and job stability and, notably, the legal principle of the continuity of the company , for the purposes of ensuring the rights of employees in general, while the fiscal notion of the succession of the company is no less important , for the purposes of charging income tax on legal entities.

All these data constitute the assumptions that should inform the new Brazilian legislation on commercial companies, updating it and placing it at the same level as the progress of our other legal institutions, notably those related to the production of wealth, transport and human labor.