Arrendamento do estabelecimento empresarial

Abstract

The goodwill, which is the complex of goods arranged by the entrepreneur in the exercise of business activity, was first conceptualized in the national legal system by the Civil Code of 2002. This same law provides that the goodwill may be unitary object of rights and juristic compatible with their nature. Among these businesses are worth mentioning the sale, lease and usufruct. The lease is the legal business that has as its object the transfer of the use and enjoyment of the goodwill to another. Due to the lack of legal discipline on the subject there are several questions about the standards to be applied to the legal transaction. The lease of the goodwill is an atypical contract, joint, bilateral, consensual, onerous, commutative performed over time and not solemn. The lease of the goodwill, there is a succession of lessee obligations, existing for a certain period, the lessor solidarity. There are also such subrogation in exploration agreements. Finally, there will be credit assignment when running the goodwill. The lease of the goodwill, it is yet one of the forms of recovery of companies specifically enrolled in the Law of Bankruptcy and Reorganization. However, in the absence of statutory regulation, the rules need to be established for implementing such the legal transaction, so that the company's recovery is achieved.