Another major controversy that arose in the application
Posted: Wed Jan 22, 2025 10:38 am
In this Commission, after long debates, it was decided, around 1939, that commercial legislation would be summarized in four distinct Codes: The Commercial Code, the Commercial Companies Code, the Bankruptcy Code, and the Navigation Code , including maritime, air, river and lake navigation.
Having been entrusted with the matter relating to commercial companies, Dr. CARLOS GUIMARÃES DE ALMEIDA quickly prepared a preliminary draft containing, in 39 articles, the General Provisions on “commercial companies”. The work was published in the “Jornal do Comércio” on March 17, 1939, and, although it suffers from the haste with which it was written, it reflects the author’s useful experience in the exercise of his noble profession. And, even more, the study and knowledge of comparative legislation, from which His Excellency sought valuable and adequate support for the reform of our legislation.
It is a valuable contribution, worthy of appreciation by the bulk sms hong kong drafters of our future Commercial Companies Code.
As a tribute to the author of this work, I highlight here the provisions relating to the constitution of the arbitration court to resolve disputes between partners (art. 104); the continuity of the legal entity (the company), even in the event of the death of a partner (art. 105); the decision of all corporate business, by the majority of partners, computed according to the value of the interests, counting the votes in proportion to the shares (art. 108); the participation of employees in the profits of the company, without granting them the status of partners, but with the right to full display of the books and documents relating to the company's accounting (article 114).
From the presentation I have just made, with the purpose of publicizing works that have been unjustifiably forgotten, it is immediately clear that the Institute has excellent resources to prepare a draft Commercial Companies Code and offer it to the National Congress, as a contribution from the jurists who gather here.
Having been entrusted with the matter relating to commercial companies, Dr. CARLOS GUIMARÃES DE ALMEIDA quickly prepared a preliminary draft containing, in 39 articles, the General Provisions on “commercial companies”. The work was published in the “Jornal do Comércio” on March 17, 1939, and, although it suffers from the haste with which it was written, it reflects the author’s useful experience in the exercise of his noble profession. And, even more, the study and knowledge of comparative legislation, from which His Excellency sought valuable and adequate support for the reform of our legislation.
It is a valuable contribution, worthy of appreciation by the bulk sms hong kong drafters of our future Commercial Companies Code.
As a tribute to the author of this work, I highlight here the provisions relating to the constitution of the arbitration court to resolve disputes between partners (art. 104); the continuity of the legal entity (the company), even in the event of the death of a partner (art. 105); the decision of all corporate business, by the majority of partners, computed according to the value of the interests, counting the votes in proportion to the shares (art. 108); the participation of employees in the profits of the company, without granting them the status of partners, but with the right to full display of the books and documents relating to the company's accounting (article 114).
From the presentation I have just made, with the purpose of publicizing works that have been unjustifiably forgotten, it is immediately clear that the Institute has excellent resources to prepare a draft Commercial Companies Code and offer it to the National Congress, as a contribution from the jurists who gather here.