Post by account_disabled on Mar 11, 2024 5:17:19 GMT
Nationwide could bring even more damage to the integrity of the judicial system, Minister Nancy Andrighi, of the Superior Court of Justice, ordered the suspension of only the review processes of leasing contracts being processed in the st Panel Appeal from the Special Civil Court of Betim (MG). The case follows the system of incidents of uniformity of jurisprudence and that determined by articles , the Internal Regulations of the STJ and Resolution /, also of the Court itself.
In the case in question, a BFB Leasing customer took action against the financial institution to review a credit agreement for the purchase of a car. The client stated that, after signing the contract, BFB started charging amounts not foreseen in the agreement. The first degree court recognized the abusiveness of some clauses and ordered BFB to pay compensation to the client in the amount of more than R$,
BFB appealed, alleging that it had not been specified Austria Phone Numbers List which clauses would be abusive, which goes against the STJ's own Precedent , which prevents the judge from recognizing abusive clauses without an express request from the party to that effect. The st Appeal Panel of the Betim Special Civil Court, however, dismissed the appeal. For the Minas Gerais court, the Consumer Protection Code (CDC) allows the judicial annulment of allegedly abusive clauses contained in the contract.
The complaint proposed to the STJ requested the suspension of all processes in which there is controversy over Precedent or, at least, the process in progress before the Special Civil Court of Betim.
The decision that granted the injunction considered the presence of danger in case of delay and appearance, smoke of good law. For the minister, the violation of the statement of Summary of the STJ was demonstrated in this case. She noted that her position would be contrary to this interpretation, but that the nd Section has already established that article of the CDC is not applicable to cases in which the consumer has not specified the unfair clauses of the contract he intends to review.
In the case in question, a BFB Leasing customer took action against the financial institution to review a credit agreement for the purchase of a car. The client stated that, after signing the contract, BFB started charging amounts not foreseen in the agreement. The first degree court recognized the abusiveness of some clauses and ordered BFB to pay compensation to the client in the amount of more than R$,
BFB appealed, alleging that it had not been specified Austria Phone Numbers List which clauses would be abusive, which goes against the STJ's own Precedent , which prevents the judge from recognizing abusive clauses without an express request from the party to that effect. The st Appeal Panel of the Betim Special Civil Court, however, dismissed the appeal. For the Minas Gerais court, the Consumer Protection Code (CDC) allows the judicial annulment of allegedly abusive clauses contained in the contract.
The complaint proposed to the STJ requested the suspension of all processes in which there is controversy over Precedent or, at least, the process in progress before the Special Civil Court of Betim.
The decision that granted the injunction considered the presence of danger in case of delay and appearance, smoke of good law. For the minister, the violation of the statement of Summary of the STJ was demonstrated in this case. She noted that her position would be contrary to this interpretation, but that the nd Section has already established that article of the CDC is not applicable to cases in which the consumer has not specified the unfair clauses of the contract he intends to review.