Clipping of news on Brazilian Culture, Law and Citizenship
04/01/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The cancellation of purchase and selling a car with faulty conducted between consumer and dealer also involves the breaking of the loan agreement with the bank belonging to the same group of vehicle assembler (assembler bank).
The decision was taken unanimously by the Third Chamber of the Superior Court of Justice (STJ) to analyze an action of a consumer to cancel the contract of sale and the defective automobile financing.
joint and several liability
The minister Moura Ribeiro, if the rapporteur, there is a joint responsibility of the financial institution linked to the vehicle dealer (bank of assembly), as part of the same chain of consumption.
The bank argued that it is not a legitimate party to appear in action, as it did not provide the purchased product and the consumer, when purchasing a vehicle, it is free to finance any financial institution. On defense, the banking house also said that offers financing for cars of any other brand, including used or imported.
In the vote, the Minister of STJ rejected the bank's argument and upheld the collegial decision (judgment) of the São Paulo Court of Justice (Id).
Moura Ribeiro, whose vote was unanimously approved by the other ministers of the Third Class, contracts of sale and vehicle financing are intertwined, having a common purpose, "to provide the author the acquisition of automotive vehicle."
Source: STJ
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This article was translated by an automatic translation system, and was therefore not reviewed by people.