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A EXCLUSÃO DO CRÉDITO DE HONORÁRIOS ADVOCATÍCIOS DOS EFEITOS DA RECUPERAÇÃO EXTRAJUDICIAL: O DILEMA DO SEU RECONHECIMENTO E EXERCÍCIO DO DIREITO PELOS ADVOGADOS.
- Source :
-
Revista Percurso . 2020, Vol. 2 Issue 33, p233-257. 25p. - Publication Year :
- 2020
-
Abstract
- This article discuss the non-submission of lawyers fees to the Extrajudicial Recovery Procedure, these fees being either contractual or from loss of suit. The aim of this work is to demonstrate that, although special legislation establishes protection to lawyers' fees, which bear an alimony nature, the holders of this right, such as lawyers and their firms not rarely dismiss this legal exception. The reason for dismissing legal protection are grounded on the assumption of lack of knowledge of legal provisions related to the issue and on a self-moral conscience which appears as an obstacle to the exercising such lawyers' rights. The inductive method was adopted, and bibliographical research also leaned on the study of cases judged by Brazilian Courts of Justice Extrajudicial Recovery procedures. [ABSTRACT FROM AUTHOR]
- Subjects :
- *LAWYERS' fees
*LEGAL reasoning
*ALIMONY
*LAWYERS
*LEGISLATION
Subjects
Details
- Language :
- Portuguese
- ISSN :
- 1678569X
- Volume :
- 2
- Issue :
- 33
- Database :
- Academic Search Index
- Journal :
- Revista Percurso
- Publication Type :
- Academic Journal
- Accession number :
- 146862972