O sucesso de uma empresa depende de uma série de fatores e, sem dúvida nenhuma, o alinhamento entre sócios é uma delas.
São grandes os desafios em manter uma sociedade equilibrada, especialmente quando interesses pessoais dos sócios divergem e disputas societárias entram em cena.
O problema é ainda mais grave quando os sócios têm vínculos de parentesco, sendo o problema de dupla face: a desavença é empresarial e familiar.
Nestes casos sofrem os sócios, sofre a família e a empresa corre sérios riscos de encontrar o seu fim.
Em momentos de crise como estes a atuação profissional do advogado deve ser conciliatória, tendo consciência que não pode ativar a disputa como meio de ganho pessoal.
O DFDS tem ampla prática em soluções para resolução de desavenças entre sócios.
Recentemente enfrentamos a desavença entre dois sócios irmãos e, os dois, com herdeiros de um irmão falecido.
As partes chegaram a substituir os profissionais que os representavam e o nosso escritório interviu com as demandas que já estavam em andamento.
Houve desistência de nossa parte de uma das demandas já ajuizadas, por ser esta ofensiva a um dos litigantes: Pedia-se a submissão de um dos sócios a uma perícia pessoal humilhante.
Há situações em que é mais benéfico recuar, visando proporcionar o apaziguamento da disputa e permitir o diálogo direcionando à solução da controvérsia.
Diversas reuniões entre os dois sócios trouxe certa proximidade, o restabelecimento do diálogo que se pretendia.
Com o transcurso dos dias a aspereza das conversas foi substituída pela tolerância mútua até que o entendimento fosse construído.
Antenor Demeterco Júnior
Advogado
OAB/PR 89.987
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