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Assim, S. Tudo centralizado no nosso portal www. Fonte: STJ. Processo: Mande suas perguntas!! Por unanimidade, o recurso foi negado. Perdeu a Live? Entre em contato via direct! O desembargador Jones Figueiredo considerou o fato de o idoso pertencer ao grupo de risco para a Covid Jump to. Sections of this page. Accessibility Help. Email or Phone Password Forgot account? See more of O Civilista on Facebook.
Log In. Forgot account? Not Now. Information about Page Insights Data. REsp 1. Payment the highest condominial rate for apartments in cover due to the ideal fraction of the property is legal.
The understanding is from the 3th class of the STJ, by dismissing the appeal of condominos who contested the fact that they pay almost twice as much condominium in relation to the other apartments. In his vote, the case rapporteur, Minister Ricardo Cueva, emphasised that it is the duty of the condominium to contribute to the condominium spending in proportion to the ideal fraction, except diverse provision in the convention.
The class decision was unanimous. Resp 1. All centralized on our portal www. This Saturday, our live from the book will be with teacher everildabrandao!!
We will talk about her trajectory, challenges of academic life and about her excellent book "The Tutelage of Multitularities - rethinking the limits of property right".
After reopening, the tourism company should pay the amount that is no longer paid throughout the closing period. On the other hand, the defendant, even if it is a large company, will also have losses in the event of not receiving the rentals. Regarding the request for collection of the condominium in proportion to the closing days, the judge believes that this fee "should reflect the rat of maintenance costs of the common areas of the mall", and to calculate the fee it is necessary to know the amounts related to commitments already assumed, contracted employees and the acquisition of materials.
Therefore, there is not enough elements to support a decision to allow the reduction of this payment due to the failure to operate the mall. Also at this procedural stage, the judge did not see the possibility of establishing a new rental rental revisional. The third class of the stj understood that it was not possible to put under house arrest of the child pension debtor, despite the health crisis caused by the new coronavirus Covid For collegiate, the most appropriate measure is to suspend civil arrest during the period of the pandemic.
The decision came in the trial of habeas corpus impetrated against judgment given by the Ninth House of Private Law of the TJSP, which kept the arrest of a citizen for failing to pay the pension benefits that won after the request for the execution of food execution.
According to the TJSP, the debtor discharged food charges until October , when he asked for the extinction of execution.
However, from there, he stopped paying the pension, which resulted in the decreation of the prison in January Meanwhile, it pointed out that the granting of house arrest to defaults would relate to Article 4 and 7 CPC , which authorizes civil arrest on a closed basis when due three benefits prior to the implementation judgement and those that win during the course of the process.
The magistrate pointed out that, in fact, it is necessary to avoid the spread of the new coronavirus, but he said that " ensuring prisoners for food debts the right to house arrest is a measure that does not comply with the legal commandment and that hurts, by transverse ways, the dignity of feeding ".
The rapporteur concluded that, due to the emergency situation in public health - and since it is not possible to grant house arrest - exceptionally, the suspension of the arrest of child pension debtors on a closed basis, while the pandemic lasts The best of the best of the "The suspended civil prison will have its compliance at the appropriate procedural moment, as food debt remains full, because it is not seen that, after all, is also at stake the dignity of feeding - as a rule, vulnerable".
The cut will be worth as long as the defendant cannot fully comply with the calendar of school activities, teaching in-person classes with access to laboratories and the library. According to the records, due to the Covid pandemic, in-person and laboratories classes were suspended, being taught remote, and access to the library was interrupted.
According to the magistrate, if the defendant cannot fulfil its full obligation, it is not up to receive all counterprestation. Expositive classes exist in the assumed obligational complex, but they are not the only ones, maybe they aren't even the main ones. Thus, part of the defendant's obligations became temporarily impossible ", wrote Christopher Alexander Roisin.
It is for appeal against the decision. Public Civil Action For the minister, the economic conflicts arising from the health crisis can be solved with a reacting of agreements, but judges should not automatically meet requests from companies without real demonstration of financial imbalance. If a customer doesn't pay the supplier, it reflects throughout the production chain ", pondered. To protect the system, the magistrate opined, large-scale mediation is necessary - a way to preserve the economy and legal order.
We are in a war situation, with an invisible enemy, but who hurts as much as a bullet ", said Noronha, adding that the economic unfolding of Covid will necessarily pass through the Judiciary and that the Brazilian legal order has instruments to deal with that's it!
He warned, however, that you cannot extract from this a tendency towards debt forgiveness. Minister of STJ Luis Felipe Solomon also participated in the event and highlighted the need to ensure the solvency of companies. For the advisor, CNJ Recommendation 63, published in March of this year, which recommends measures to mitigate the impacts of the new coronavirus, goes in this direction.
Source: STJ Translated. We already have 3 recorded interviews: nelsonrosenvald prof. The action was judged due to the covid pandemic, because there was the company's activities, which represents a significant reduction in its monthly invoicing. It says in the records that the establishment decreased the amount of energy used due to the stoppage of its activities due to the covid pandemic and that it was not using the amount agreed in contract by the parties.
According to the collegiate, " more than ever, in the face of the circumstances of public disaster that affects the country, account must be taken of the principle of preservation of the company, whose social function cannot be ignored, insofar as its operation Moves the economy, generating jobs, collection of tributes, production and marketing of goods and services ". Process: As the publication of the offensive content occurred in before the entry into force of Marco Civil of the Internet Law For the solution of the case, Nancy Andreghi was guided by the case law of the stj in force before Marco Civil, according to which the provider becomes responsible for moral damage when he stops withdrawing the offensive material after being alerted by the channels provided on the platform itself.
Contrary to the understanding of the TJSP, the minister emphasized that violation of intimacy is not only through images with total nudity or scenes of sexual acts involving carnal conjunction. On the occasion, they contacted the distributor to solve the problem, but it did not provide a return forecast of power supply.
Faced with the situation, the couple performed the ceremony in an improvised and precarious way, with car headlights and a borrowed generator. According to the record, the bride finished getting ready almost in the dark and the contracted services, such as music band and footage, could not be performed.
Thus, they triggered justice claiming material and moral damage. Compensation When examining the process, the magistrate scored that the power distributor's responsibility for damage caused as a result of the execution of the public service is objective. The magistrate scored that the failure to provide the service generated moral damage at a crucial time in the couple's lives. Professional professional professional professional professional By failing to check the current debt and emergency requirements in receiving the child pension, the fourth class of the Superior Court of Justice STJ removed the possibility of civil arrest of a year-old father for food charge whose creditor, his daughter, currently 37 years old, has shown not to depend on these values to maintain.
According to the case, in , out-judicial agreement was made to suspend payment of the pension, as the father could no longer bear the charge. Her daughter, at the time, was 29, already working. In , the father judged food exoneration action, in which the daughter claimed that in fact, she had no longer interested in receiving the pension. Despite this, in the same year, she judged a request for compliance with a food sentence, claiming that the agreement to dishonerate the father of the obligation was worth from the date of the judgment of the discharge, without prejudice to the possibility of recovery of previous food debt.
In the records of the execution of food, the judge ruled the civil arrest of his father - a ruling held by the Court of Justice of Minas Gerais. Minister Isabel Gallotti, rapporteur for the request for habeas corpus at STJ, highlighted that her daughter, in the execution action, admitted to not needing the food, as she was financially independent.
Consequently, the Minister applied to the case law of the STJ that the execution of a food obligation by the prison rite is assumptions the current debt, the urgency and the need to receive the food benefit. Our conversation will take place this Saturday at 11 pm.
We will talk about the career and behind the scenes of your legal work. What question would you like answered?? Send your questions!!
Although freedom of speech is a fundamental right, it is not absolute. Therefore, you can't keep photos of the ex-spouse on social media without subsequent consent from him. It is said that even after the divorce, the defendant kept his ex-wife's photos on social media. She judged action to do, claiming she was embarrassed by the photos. The action was judged in the first instance. The ex-husband resorted to TJ-SP, on the grounds that he did not hurt the honor and image of the author.
Unanimously, the appeal was denied. You won two books from Professor nelsonrosenvald! Get in touch via direct! An eviction order from an elderly - for default in paying the rent of a property - was temporarily suspended by the Court of Justice of Pernambuco.
The disembargator Jones Figueiredo considered the fact that the elderly belonged to the risk group for Covid In its decision, the disembargator strengthens that there is effective risk of damage by immediate compliance with the eviction order. In other words, the applicant, who fits the risk group of the pandemic virus, which rages humanity, cannot simply be evicted, at life-threatening ", said the magistrate.
Thus, since students are not taking these classes, the magistrate concludes that the decrease in tuition value is reasonable. The judge noted that, in the specific case, students are in the 5th and 6th grade of the medical course and the grid presents a marked hourly load of a practical nature, " fact that makes normal continuity of learning through the internet ".
Direito Civil - Vol. 2 - Direito das Obrigações e Responsabilidade Civil