InvestorsHub Logo
Followers 93
Posts 8868
Boards Moderated 0
Alias Born 05/06/2014

Re: Coreton post# 44055

Sunday, 01/26/2020 7:34:19 AM

Sunday, January 26, 2020 7:34:19 AM

Post# of 50022
Actually, Coreton, the excerpts you provided are very broad and don't specify the very important details within the three processes in Brazil: Service, Recognition, and Enforcement. My Stickie references include details on all three processes plus a link to Brazil's Civil Procedure so no "supplemental" info is required. Readers can do their own DD. That's why I always include links.

Readers deserve to know the road to collection is very long. The Bros and Rontan can challenge the Judgement during the Recognition phase.

It's not as quick and easy as you suggest.

PhenixBlue. The information you posted is incomplete. The information I posted is supplemental and completes the information you have provided.

The law says that a Foreign action must be “recognized” by the superior court ( your links) the Rules for Civil procedure ( my excerpts) gives the standards by which the superior court “recognizes” a foreign action. Specifically a “court action” from a foreign country is recognized.

The Rules enacted May 2016 from which that excerpt is taken specifically state “COURT PROCEEDINGS”.

A default judgement for GDSI is a “court proceeding.”

The litigation, GDSI v Rontan is a “court proceeding.”

The award will be a court proceeding if the court orders one in lieu of a settlement. Foreign court proceedings are immediately “RECOGNIZED” and “ENFORCEABLE” under current Brazilian law/rules of civil procedure.