Post by account_disabled on Mar 13, 2024 0:47:31 GMT -6
To contain the spread of the coronavirus, the state of São Paulo restricted in-person services to the public in law firms, affecting their activity.
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Law firms argue that the crisis has reduced their revenues
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On this basis and understanding that the Covid-19 epidemic is a hypothesis of unforeseeable circumstances or force majeure, the 22nd Civil Court of São Paulo granted urgent relief to allow Veirano Advogados to pay 65% of the rent of R$ 644 thousand until December 2020. The decision is due May 6th.
In 2012, Veirano signed a 10-year B2B Lead lease agreement with MIP Faria Lima Administradora de Imóveis to use units in a building on Avenida Faria Lima, in the west zone of São Paulo. With the coronavirus crisis, its more than 250 employees started to work from home. Unable to use the property, the bank tried to negotiate the rental price, but was unsuccessful. So he went to court.
Judge Mário Chiuvite Júnior stated that social isolation measures to prevent the transmission of the coronavirus, established in São Paulo by state Decree 64,881/2020, limited in-person service, harming Veirano's activities.
Furthermore, the judge pointed out that the Covid-19 epidemic is a hypothesis of unforeseeable circumstances or force majeure, which exempts the office from losses caused by it. According to the judge, the firm could not foresee, when signing the lease contract, that a public health crisis would prevent it from fully using the property — which has actually happened to many other commercial property tenants, from different economic segments. .
For the judge, there is a danger of damage to Veirano's rights. In this way, Mário Chiuvite Júnior granted urgent relief to allow Veirano to pay 65% of the price agreed between the parties, between March and December 2020 — an amount that, for the judge, appears to be proportional and reasonable.
From January 2021, the office must add the 35% deducted. The rental company is also prohibited from including the company's name in credit protection records.