Clipping of news on Brazilian Culture, Law and Citizenship
11/29/2013
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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For the STJ , contractual clause that determines the refund of amounts paid only after the work is abusive
Decision creates law that can influence judgments in other instances
Consumers should be aware of what the contract says Photo: PHOTO : SXC.hu
RIO - Consumers who give up home mortgage must be repaid immediately. The decision is the Second Section of the Superior Court of Justice ( STJ ) , the judge repetitive action in which it was discussed how to refund the amounts due to the potential buyer , due to the termination of the contract . For the STJ , the contractual clause that determines the refund of amounts paid only after the work is abusive or in installments .
According to the ministers , according to the rules of the Code of Consumer Protection ( CDC ) , the immediate repayment of the installments paid by the buyer must occur - in full, in case of exclusive fault of the seller or builder , or partially , if the buyer has been who sought termination .
According to the reporter of the appeal , Minister Luis Felipe Solomon "long STJ already established case law to the effect that is abusive , for violation of Article 51 of the CRC, the contractual clause that determines the refund only at the end of the work , since the prospective seller may resell the property to third parties and , at the same time take advantage with the amounts withheld . "
To the minister , this clause also means that " the right to receive what is due to the consumer is subjected to pure discretion of the supplier , since the completion of the work is providence that fits this uniquely , and may even not happen or happen out of season , "said the minister.
Solomon also pointed out that such an approach - whereby amounts owed by the builder to the consumer must be repaid immediately - applies regardless of who has given cause for termination .
He added : " The resolution of the purchase and sale of property by fault of the consumer contract generates the lien , by supplier , part of the amount paid , so to restore any losses and costs related to the project , without prejudice to other resulting values . "
Source : The Globe - Online
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This article was translated by an automatic translation system, and was therefore not reviewed by people.