Post by account_disabled on Mar 11, 2024 23:13:32 GMT -5
Credit seizure cannot harm the debtor's activity. The understanding is that of the 1st Chamber of Private Law of the Court of Justice of São Paulo, limiting the seizure of monthly transfers from a construction company to a real estate debtor to 10%.
Jakub Krechowicz
Jakub Krechowicz Credit seizure cannot harm the debtor's activity, says TJ-SP
The decision was made in a lawsuit filed by a buyer against the two companies. He acquired properties, which were only delivered months late. The action was judged valid to order the defendants, jointly, to pay the author the equivalent of 0.5% of the value of the updated contracts.
Payment, according to the Portugal Mobile Number List sentence, will be made monthly, from the date on which delivery should have occurred until the actual transfer of the lots to the author. Once provisional compliance with the sentence began, the seizure of credits that the real estate company has to receive from the construction company was granted.
The seizure was limited to 10% of monthly payments. This is because, according to the rapporteur, judge Rui Cascaldi, the percentage is neither “small nor excessive”. Furthermore, he noted that there are already other executions against the defendant real estate company in which the same restrictive measure was determined.
"Although the seizure of credits should not be confused with the seizure of revenue, as the first concerns a specific contract and the other comprises all receivables, present and future, it is certain that the defendant is a specific purpose company (SPE ), constituted solely to sell the residential lots in question, which is why the seizure of the entire transfer of values from the construction company responsible for the project could make the economic activity of the executed company unfeasible", he said.
The reaction to Bolsonaro's temper and his authoritarian escalation, Rais believes, would come from the Legislature. "The presidency of the Chamber and the Senate has a structure that he would hardly be willing to challenge. I believe that in the Legislature there are many parliamentarians who are uncomfortable, thinking 'today it's the STF, tomorrow it's us'. I believe there will be a kind of constitutional protection against rupture. When this happens, with two powers (Legislative and Judiciary) joining forces, the other power (Executive) will have to give in", he says.
The president of the Chamber, deputy Arthur Lira, gave signs that this may be underway. This Saturday, he posted a message on his Twitter saying that " institutions are fortresses that will not be shaken by public statements and OPPORTUNISM".
"Let the voter have a job and a vaccine, let them leave their verdict in October 2022 when they will meet with the ballot box; this is the great and only judge of any political dispute. Our commitment is and will continue to be to work for growth and stability of the country", stated Lira.