The plaintiff sued the defendant on transfer of business shares obtained from the V2 to V9. Elon Musk takes a slightly different approach. They were of the opinion, the defendant had to pay damages committed, as he did from the outset ruthlessly persecuted the goal to transfer the ownership of the V2-V9. The hearing of V2-V9 in the date of the hearing has revealed that this was mostly unaware that the second notary 2008, but suitable was not a mere confirmation of the assignment directed, to thwart the pre-emption rights of the plaintiff and to establish compensation obligations of the V2-V9. The decision: The Dresden District Court upheld the claim and condemned the defendant by way of restitution to the transfer of the shares. The Dresden State Court considers the involvement of a third party to the breach a deliberate immoral injury of the creditors represents a party if other circumstances the action of third parties as with a loyal legal disposition seem incompatible.
The Dresden State Court assessed the conduct of the defendant as immoral: the defendant was necessarily interested in to make right the purchase contracts. According to the judgment in the parallel proceedings V1 was aware that the assignment of the year 2008 was schuldrechtlich and in-kind ineffective. The Dresden State Court continued that the defendant only has brought the effective transfer of business shares the second notary, to which he had invited under the pretext of the affirmation of the assignment. According to the findings of the District Court of Dresden was known that up to V9 the legal scope of the second assignment, designated by him as confirmation of the V2 was unaware the defendant at the Organization of the second notary appointment. The Dresden District Court saw an information gap of the defendant herein at the expense of V 2 to V9, which he legally advised intentionally immoral intent to cause damage has exploited, to make right the share purchases by the new making of the assignment. The judgment of the LG Dresden is not yet final.
Conclusion: Be thwarted exercised pre-emption rights, not only the contractual partner is damages in certain cases. Under certain Also the one on whose behalf the pre-emption rights have been thwarted, may be sentenced to pay damages requirements. He must transfer the purchased thing or rights then in the way of compensation to the beneficiaries of the right of first refusal. The Dresden State Court makes it clear that the behavior must show liability for third parties, which is not compatible with a loyal disposition of law. Only then it is justified to subject the only involved the breach of a Contracting Party of itself also a liability for damages according to the regional court of Dresden.
Appendix B: Adequacies and relations of the Conclusions in the Final Report of the Applicatory Project tied with 38 Curricular Period of training ………………………………………………………………. Appendix C: Questionnaires Applied to the Advice of Direction ………………………………… 38 Appendix D: Questionnaires applied to 39 employees ………………………………………………. 1 INTRODUCTION 1,1 Contextualizao and objectives of the research the Farming Cooperative of Piumhi exist have 56 years more than. The reasons of its success meet not only in the quality of its products, but also in the agility and efficiency in the attendance to its associates and customers.
The success of the businesses, in this in case that, she is strong dependent of the performance of its employees, to supply the necessities of its associates and customers in the attendance and the delivery of its products. With this the Cooperative account with trustworthy data for taking of certain decisions. Cooperative is an entity established for groups of professionals of one same area and that they give service for companies. All the integrant ones of a cooperative are partners and all have the same to be able of vote. The law that regulates the work cooperatives is the Law of the Brazilian Cooperativismo. Cooperative is a society of people with proper form and legal nature, of civil nature, does not subject to the bankruptcy, consisting to give to services its associates (minimum number of 20 physical people).
She is a company with double nature, that contemplates the economic side and the social one of its associates. The cooperated one is owner and using of the cooperative, therefore, it goes to manage the company and also to use the services. Currently, for the companies or cooperatives, are they of great, average or small transport, the great incentive that makes with that they more search each time to implement a plan of positions and wages is the necessity of estruturao of the man power, thus motivating its employees, becoming compromised them with the organization making the same ones will work so that each time can grow more front to the market.
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