STJ denies restitution to borrower after failed property auctions
Recently, the 3rd Panel of the Superior Court of Justice (STJ) upheld the decision of the 32nd Chamber of Private Law of the São Paulo State Court of Justice, which did not refund the amounts to the borrower after the loan defaulted, as provided for in Law No. 9.514/97 – the “Fiduciary Alienation Law”. This […]
Vinícius de Menezes
Legal certainty for debtors: STJ decides that the value of the cause in a monitory action can be changed until the payment order is issued
In a recent decision (REsp n. 2.038.384), the 3rd Panel of the Superior Court of Justice made it possible to change the value of the cause in a monitory action until the warrant for payment has been issued. A monitory action is an action in which one party does not have an enforceable title, but […]
STJ ruling: property owner not liable for condominium debt prior to adverse possession
In a recent decision (REsp n. 2.051.106/SP), the 3rd Panel of the STJ reaffirmed the position of the São Paulo State Court of Justice, which had dismissed an attachment for the enforcement of condominium debts on a property that had been usurped. The case in question began with an enforcement action brought by a condominium […]
