PRIOR TO THE PROCEDURAL SUCCESSION, THE REMUNERATION OF THE MANAGER IS PAID BY THE APPLICANT

The courts of two instances, following a new review, refused to satisfy the application, justifying their approach by the fact that a cession agreement was concluded between the applicant in the bankruptcy case. According to him, the applicant's rights were transferred to the latter, therefore the assignee is the proper defendant.

The district Court did not share this approach and granted the application, stating the following:

"The existence of a cession agreement without a judicial act on procedural succession does not change the status of the applicant, and, consequently, the defendant on the application for recovery of the manager's remuneration."

In addition, the manager filed a petition for the involvement of a co-respondent, which was also not taken into account by the courts.

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