Post by account_disabled on Mar 12, 2024 0:52:08 GMT -5
Considering the serious financial crisis resulting from the pandemic, it is possible to preserve the contract, as provided for in article 479 of the Civil Code, using the legal criteria indicated in article 478 of the Civil Code as the basis for the contractual review and not its termination.
reproduction
Reproduction TJ-SP suspends school van financing installments during pandemic
This was understood by the 6th Civil and Criminal Appeal Panel of the Colégio Recursal – Penha de França (SP) when suspending the enforceability of the installments of a financing contract for a school van, from March 2020 to March 2021, due to the Covid pandemic -19.
The driver said he stopped Portugal Mobile Number List earning income since March last year due to the suspension of in-person classes. As a result, he claimed to have been unable to pay the payments, but the financial institution did not accept negotiation, which led to the filing of the action.
"It was clear that the default arose from an unforeseen and inevitable fact, namely, the pandemic resulting from Covid-19, in order to allow for the intended contractual review with a view to resuming the contractual balance verified at the time the legal transaction was signed", stated the rapporteur, judge Deborah Lopes.
According to her, as the driver proved that the delays in payments occurred for unforeseeable reasons, it is possible to correct the contractual imbalance, "ensuring the real value of the installment, in favor of the creditor, but guaranteeing payment in favor of the debtor at the end of the contract, with monetary correction of installments from each original due date".
The other members of the judging panel followed the rapporteur’s vote. According to the decision, the bank must change the due date of the installments for the months of March 2020 to March 2021 to the month immediately following the end of the contract, with correction and without late payment charges.