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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.

Authors :
DE ASSUMPÇÃO ALVES, ALEXANDRE FERREIRA
ALMEIDA, THALITA
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]

Details

Language :
Portuguese
ISSN :
1678569X
Volume :
2
Issue :
33
Database :
Academic Search Index
Journal :
Revista Percurso
Publication Type :
Academic Journal
Accession number :
146862972