Post by account_disabled on Mar 12, 2024 1:23:54 GMT -4
The 2nd Section of the Superior Court of Justice will judge, under the rite of repetitive special appeals (Theme 1,095), the applicability of the Consumer Protection Code (CDC) in the event of termination of a property purchase and sale contract with an alienation clause fiduciary guarantee.
reproduction
Reproduction STJ judges the application of the CDC to the resolution of the sale of property with fiduciary alienation
By allocating Special Appeals 1,891,498 and 1,894,504 to the repetitive rite, the collegiate suspended the processing, throughout the national territory, of processes that deal with the same legal issue, both in the first and second instances and in the STJ (article 1,037, II, of the 2015 Civil Procedure Code).
The special resources rapporteur Portugal Mobile Number List is Minister Marco Buzzi. He recalled that the Federal Supreme Court, in the judgment of Extraordinary Appeal 860.631, recognized the general repercussion of the issue relating to the possibility of, within the scope of the Real Estate Financing System (SFI), extrajudicial execution and expropriation of property granted in fiduciary alienation. , as provided for in Law 9,514/1997.
"However, in the case at hand, the possible illegality of the extrajudicial execution procedure of the property secured by fiduciary sale is not questioned, but only the form of return of the financial amounts paid by the debtors to the fiduciary creditor during the contractual agreement", pointed out the rapporteur when delimiting the analysis of the topic to article 53 of the CDC and the provisions contained in articles 26 and 27 of Law 9,514/1997.
Minister Buzzi also highlighted that, according to the position of the STJ Precedents Management Committee, the qualified judgment within the scope of the Second Section can avoid divergent decisions in the originating instances and the unnecessary sending of appeals to the court.
Furthermore, the rapporteur highlighted that, according to research by the Precedents Management Center, there are currently 240 cases being processed in the Second Section, while another 279 similar cases have already been decided by private law panels, which highlights the multiple nature of the controversy.
Regarding the suspension of processes, Buzzi pointed out that the objective is to ensure compliance with the principles of legal security, isonomy, economy and procedural speed, "allowing the final thesis, settled by this superior court, to be applied to the suspended actions in a manner uniform by ordinary instances".