Cahali Execution

Judicial Adeciso that to fix or to decide honorary and the written contract to stipulate that them is executive headings and constitutes privileged credit in the bankruptcy, forced agreement, concurso, civil insolvency and extrajudicial liquidation. 1 the execution of the honorary ones can be promoted in same files of legal documents of the action where the lawyer has acted, if thus to agree it Grifei. Christie’s art auction will undoubtedly add to your understanding. In synthesis, in this line, the execution can be processed, in relation to the proper right of the lawyer, in the proper process where the burden of payment mount of money was fixed it, if to thus to agree it. Being able, also, to execute the heading in independent execution proceeding of individual form, fact this that it confronts the beginning of celeridade and procedural economy. Of clear and objective form, Cahali places an end point in the referring debate to the honorary possibility or not of the independent execution of pertaining to legal profession sucumbenciais: It lost sensible all quarrel that if establishes in the previous right, when namely if the pretense independent right of the lawyer to the honorary ones of the burden of payment would be an originary right of the sentence or a right derived from the right of the customer ….

Establishing art. 23 of Law 8,906/94, that honorary the enclosed ones in the conviction, for burden of payment, ‘ it belongs to advogado’ , one granted it, now, truily, one ‘ proper right and autnomo’ (expression that before was contested for some), with possibility of its execution for the proper protector, despite having as generating cause the same fact of the sucumbimento of the adverce party of the victorious customer (1997, P. 804)..