Post by messi05 on Jan 21, 2024 22:57:55 GMT -7
Justice's guidance is that the intended limitation should not be applied in cases of mutual contracts, such as the one analyzed. However, according to the judge, the issue is constitutional. "Article 170 of the Constitution, already in the 'caput', prescribes that the economic order aims to ensure a dignified existence for everyone, and it is not conceivable, therefore, that one party in the contractual relationship obtains an absurd advantage while the other party is led to personal, financial and psychological-emotional ruin", he states. According to the judge, when the effects of the contract cause this distortion, due to the high interest and financial charges required from the consumer, the judge must intervene, rebalancing the contractual relationship.
Therefore, to ensure a dignified existence Buy Phone Number List until the contractual clauses are analyzed in detail when judging the merits of the action, the judge granted an injunction limiting the discount to 30%. The decision may be appealed. In cases of debt collection arising from a student loan agreement, the statute of limitations is the same for actions of a personal nature, and not the special period for charging school fees. This was the understanding applied by the 3rd Panel of the Superior Court of Justice when removing the prescription in execution promoted by a university due to the expiration of installments of educational credit granted to a student.
The appeal originated from an embargo on execution, in a process in which the university collects contractual debts based on a promissory note. The main action was filed in November 2006, and the installments expired in 1997 and 1998. In view of the interval of more than six years between the creation of the debt and the filing of the enforcement action, the Court of Justice of São Paulo recognized the occurrence of prescription by applying the annual period provided for in article 178 of the Civil Code of 1916. In analyzing the educational institution's special appeal, minister Nancy Andrighi explained that the case in the case does not concern the collection of school fees, but rather the debt arising from a credit granting contract for student purposes.
Therefore, to ensure a dignified existence Buy Phone Number List until the contractual clauses are analyzed in detail when judging the merits of the action, the judge granted an injunction limiting the discount to 30%. The decision may be appealed. In cases of debt collection arising from a student loan agreement, the statute of limitations is the same for actions of a personal nature, and not the special period for charging school fees. This was the understanding applied by the 3rd Panel of the Superior Court of Justice when removing the prescription in execution promoted by a university due to the expiration of installments of educational credit granted to a student.
The appeal originated from an embargo on execution, in a process in which the university collects contractual debts based on a promissory note. The main action was filed in November 2006, and the installments expired in 1997 and 1998. In view of the interval of more than six years between the creation of the debt and the filing of the enforcement action, the Court of Justice of São Paulo recognized the occurrence of prescription by applying the annual period provided for in article 178 of the Civil Code of 1916. In analyzing the educational institution's special appeal, minister Nancy Andrighi explained that the case in the case does not concern the collection of school fees, but rather the debt arising from a credit granting contract for student purposes.