Clipping of news on Brazilian Culture, Law and Citizenship
09/23/2016
This article was translated by an automatic translation system, and was therefore not reviewed by people.
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The Superior Court of Justice (STJ) decided that under the Civil Code of the system 2002, prescribes in three years the right to claim reimbursement of amounts paid health plan when the adjustment clause is declared void. Under the 1916 Code, the period was 20 years. The decision now balizará consideration of similar matters in all courts of the country.
The ministers judged under the rite of repetitive appeals, two special features that questioned the limitation periods applicable in two situations: in action proposition to declare null adjustment clause for change of age group; and declared void the clause in the court action to claim the refund of the amount paid improperly.
The issue was registered in the system of repetitive features such as theme 610. Ministers decided, by majority vote, that there is no prescription to join a lawsuit contesting the health plan's monthly adjustment clause as the current contract.
As for the reimbursement of the amounts paid, the consolidated thesis was proposed by Minister Marco Aurélio Bellizze: "In term of the plan or health care insurance contracts, the damning claim resulting from the adjustment clause a declaration of invalidity provided for therein expires in 20 years (Civil Code 1916) or three years (Civil Code 2002), subject to the transitional rule in Article 2028 of the CC / 2002 "(Resp No 1,360,969 and 1,361,182.) - (With information from the Supreme Court Press Office) .
Source: TJSC
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This article was translated by an automatic translation system, and was therefore not reviewed by people.