Post by sailasathay on Jan 10, 2024 1:38:04 GMT -10
In a property purchase and sale contract with a fiduciary lien guarantee, the rules of the Consumer Protection Code do not apply. In these cases, the resolution due to the debtor's default must comply with the form provided for in Law 9,514/1997.
mteerapat/freepik
Position prevents buyers who have a contract breached WhatsApp Number List due to default from requesting a refund of money already paid
mteerapat/freepik
With this understanding, the 2nd Section of the Superior Court of Justice defined the thesis in repetitive appeals whose main consequence is to prevent property buyers who delay payment of installments from receiving part of the money already paid back, in the case of contractual resolution.
The vote was unanimous, according to the position of minister Marco Buzzi, rapporteur of the appeal. The trial ended this Wednesday (26/10), after a vote by Minister Paulo de Tarso Sanseverino. The panel limited itself to discussing details of the thesis writing.
The approved statement is:
In a property purchase and sale contract with duly registered fiduciary alienation guarantee, the termination of the pact in the event of default by the debtor, duly constituted in default, must comply with the form provided for in Law 9,514/1997, as it is specific legislation, therefore removing the application of the Consumer Protection Code.
Return or not return?
The topic deals with the specific hypothesis in which the buyer of a property takes out financing with a chattel mortgage. In it, ownership of the asset is transferred to the financial institution that provided the money and is only returned when this debt is fully paid off.
The application or not of the Consumer Protection Code in these cases makes all the difference: it is what would allow the debtor to recover or not a considerable portion of the amount that was already paid before the default.
Article 53 states that, in these purchase and sale contracts, contractual clauses that establish the total loss of installments paid for the benefit of the creditor who, due to default, request the termination of the contract and the repossession of the sold product are null and void.
Law 9,514/1997, which established fiduciary alienation, provides that, if the debt is due without payment in whole or in part, ownership of the property is consolidated in the name of the fiduciary creditor.
mteerapat/freepik
Position prevents buyers who have a contract breached WhatsApp Number List due to default from requesting a refund of money already paid
mteerapat/freepik
With this understanding, the 2nd Section of the Superior Court of Justice defined the thesis in repetitive appeals whose main consequence is to prevent property buyers who delay payment of installments from receiving part of the money already paid back, in the case of contractual resolution.
The vote was unanimous, according to the position of minister Marco Buzzi, rapporteur of the appeal. The trial ended this Wednesday (26/10), after a vote by Minister Paulo de Tarso Sanseverino. The panel limited itself to discussing details of the thesis writing.
The approved statement is:
In a property purchase and sale contract with duly registered fiduciary alienation guarantee, the termination of the pact in the event of default by the debtor, duly constituted in default, must comply with the form provided for in Law 9,514/1997, as it is specific legislation, therefore removing the application of the Consumer Protection Code.
Return or not return?
The topic deals with the specific hypothesis in which the buyer of a property takes out financing with a chattel mortgage. In it, ownership of the asset is transferred to the financial institution that provided the money and is only returned when this debt is fully paid off.
The application or not of the Consumer Protection Code in these cases makes all the difference: it is what would allow the debtor to recover or not a considerable portion of the amount that was already paid before the default.
Article 53 states that, in these purchase and sale contracts, contractual clauses that establish the total loss of installments paid for the benefit of the creditor who, due to default, request the termination of the contract and the repossession of the sold product are null and void.
Law 9,514/1997, which established fiduciary alienation, provides that, if the debt is due without payment in whole or in part, ownership of the property is consolidated in the name of the fiduciary creditor.