The party that files a lawsuit out of a spirit of emulation

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Anyone who, through deceit, requests the bankruptcy of another person, will be sentenced, in the judgment that denies the bankruptcy, in the first or second instance, to compensate the debtor, with the losses and damages being settled in the execution of the judgment. If the bankruptcy is requested by more than one person, the applicants will be jointly and severally liable.

Sole paragraph. By his own action, the injured party may claim bulk sms portugal compensation, in the event of fault or abuse by the applicant for the denied bankruptcy.”

The Bankruptcy Law provides, as the BONELLI doctrine transcribed above teaches: the bankruptcy applicant who acted with intent, as well as the one who acted with fault, suing with the purpose of causing harm (intent), or out of mere animosity, or knowing or should have known that the reasons for the bankruptcy request were not plausible (fault) is liable for the damage.

When the judge does not immediately sentence the claimant, it is up to the injured party to claim compensation through his own action, thus making it quite clear that the failure of the judge or the Court to apply the sentence in the decision itself, denying the breach, does not constitute res judicata . And this is best explained by TRAJANO DE MIRANDA VALVERDE; with his dual authority as an eminent commercialist and author of the law: