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Interest

Interest on school fees can be charged from the due date, determines STJ

25/04/2014

This article was translated by an automatic translation system, and was therefore not reviewed by people.





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Students of private educational institutions should be alert to the due date of the monthly photo : SXC.hu

RIO - In a unanimous decision , the ministers of the Fourth Chamber of the Superior Court of Justice ( STJ ) denied assent to feature a college that was indebted to his tuition center . The decision was given because they understand that in charging tuition whose values are defined in the contract , should focus restatement and interest from the due date of each installment and not the citation of the debtor by breed . A student at the Catholic University of Minas Gerais was the equivalent of five months of monthly , U.S. $ 2,801 , in 2004 value. The university filed a lawsuit charging and the trial court dismissed the requests coming . However , the university appealed .

In particular appeal to the Supreme Court , the student argued that indexation should be charged only after the filing of the suit and not the maturity of each monthly payment . Argued that Article 405 of the Civil Code provides that interest on arrears are counted from the quote , at which time the debtor is in default .

To the minister Luis Felipe Solomon , draftsman , indexation depend on express request of the interested party , " does not constitute a plus that adds to credit but a minus is avoided ."

As the debtor knows the date on which the obligation must be fulfilled , Solomon believes that the lender has no obligation to warn you about the debt.
" Having liquid and due to particular term obligation - provided it is not those in which the law itself preclude the establishment of automatic default - the default occurs at maturity ," he said .


Read more about this in http://oglobo.globo.com/economia/defesa-do-consumidor/juros-de-mensalidades-escolares-podem-ser-cobrados-partir-do-vencimento-determina-stj-12280773#ixzz2ztiW6yoS
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Source : The Globe - Online

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