We deal with the tool in the specific context of family legal planning
Posted: Wed Jan 22, 2025 9:48 am
There is a cut in the title and in the analysis developed in Holding Familiar e suas Vantagens (16th ed. Editora Atlas, 2024) . But don't worry. It's nothing major: just an epistemological question that, by the way, is typical of all academic work: defining the object of your research. We talk about an epistemological cut [or cutout]. In this case, there was a choice to examine the use of the holding company for the legal-patrimonial planning of families. This constituted the corpus of questions that we focused on. But there is an aspect related to this choice that demands emphasis: the holding company is a legal tool that serves not only the family. In fact, its wider use is elsewhere: in the corporate architecture of economic groups and, yes, in corporate structuring and restructuring projects.
Holding as a legal tool
Here is the starting point: holding is a legal tool . And, as is the case with all legal instruments, it is a conceptual tool ( abstract , ideal ), although it has the capacity to produce material results, that is, to determine buy bulk sms russia changes in the physical plane, namely in inter-individual relationships. Nothing that is foreign to Law, obviously. Although the legal system, in its entirety, concerns the ideological plane (the logos , as the Greeks would say), it is reflected in social practice ( praxis ) which, in turn, is part of the concrete, physical reality (the phisis , going back to the Greeks). It may seem like a long story. It is not. Understanding this relationship between the ideological and social practice is the root of a better understanding of Law and, yes, of a better legal achievement.
It is the jurist's role to act on the conceptual plane (namely normative) aiming to produce results in the plane of acts and facts. Not mastering the art of this path that goes from normative prediction to behavioral echo is to be inefficient. And we use norm, here, in a broad sense: from the abstract norm (which concerns State actions: parliamentary and regulatory) to the private individual norm: the clause, the contract, the statute.
Holding as a legal tool
Here is the starting point: holding is a legal tool . And, as is the case with all legal instruments, it is a conceptual tool ( abstract , ideal ), although it has the capacity to produce material results, that is, to determine buy bulk sms russia changes in the physical plane, namely in inter-individual relationships. Nothing that is foreign to Law, obviously. Although the legal system, in its entirety, concerns the ideological plane (the logos , as the Greeks would say), it is reflected in social practice ( praxis ) which, in turn, is part of the concrete, physical reality (the phisis , going back to the Greeks). It may seem like a long story. It is not. Understanding this relationship between the ideological and social practice is the root of a better understanding of Law and, yes, of a better legal achievement.
It is the jurist's role to act on the conceptual plane (namely normative) aiming to produce results in the plane of acts and facts. Not mastering the art of this path that goes from normative prediction to behavioral echo is to be inefficient. And we use norm, here, in a broad sense: from the abstract norm (which concerns State actions: parliamentary and regulatory) to the private individual norm: the clause, the contract, the statute.