LITIGATION – TIPS EXTRACTED FROM JUDICIAL DECISIONS

TIME DEPOSIT PLEDGE CONTRACT

Endorsements in Deposits Certificates must be signed by Depositary, and the existence of a pledge contract must be proved.

PLEDGE CONTRACT  – Before proceeding with an extra-judicial sale, an recent appraisal of goods pledged is required.

FORCED LIQUIDATION OF BANKS

• Clients cannot compensate credits the may have against a bank, with their deposits in the bank.
• Liabilities against the Bank secured with pledge, mortgage or other in rem right, enjoy preference over any other liabilities of the Bank, except debts owed to the Treasury for real estate taxes.

INTERESTS – Cannot be capitalized if this has not been agreed in the contract.

CORPORATE GROUPS – Corporations members of a corporate group may become responsible in a litigation even when they are not direct party of the contract, if there are evidences that such corporations are members of the corporate group.