Post by messi05 on Jan 22, 2024 0:57:50 GMT -5
The Dominican Republic for the examination of merit was declared ineffective. Judge Sudbrack recognized the possibility, according to Brazilian Law, of agreeing on material law governing international contracts, even though the Law of Introduction to the Norms of Brazilian Law (LINDB) is not explicit about this. However, he emphasized that such a prerogative was not available to the parties because it was a contract signed by a vulnerable subject — consumers — and it was unfeasible to choose a less protective law than the CDC. The rapporteur rejected the thesis that the laws of the Dominican Republic should govern the contract, as it was the place of signing.
The judge refuted the use of the rule that Buy Phone Number List obligations must be governed by the law of the place where they were created, interpreting article 9, caput, of the LINDB, in the sense that consumer contracts are not included in its scope. Moral damage Moral damage was recognized for the benefit of the authors due to the successive and frustrated attempts to obtain compliance with the offer, without them being able to access the hosting options in the contracting company's portfolio. The compensation amount was set at R$10,000 for each author. Judges Guinther Spode and Pedro Luiz Pozza followed the vote.
Considering the constitutional principle of human dignity, judge José Wilson Gonçalves, of the 5th Civil Court of Santos (SP), granted an injunction to a retiree to prohibit the bank from deducting more than 30% of his earnings to pay off loans. According to the decision, the author is in a state of economic and financial precariousness, as 50% of his monthly income of R$2,600 is deducted, leaving him with a negligible amount. In his decision, the judge highlighted that it is a practice among financial institutions to "irresponsibly grant loans to retired workers, with modest earnings, in such a way as to significantly compromise their monthly income, producing over-indebtedness and, thus, causing an offense to their dignity".
The judge refuted the use of the rule that Buy Phone Number List obligations must be governed by the law of the place where they were created, interpreting article 9, caput, of the LINDB, in the sense that consumer contracts are not included in its scope. Moral damage Moral damage was recognized for the benefit of the authors due to the successive and frustrated attempts to obtain compliance with the offer, without them being able to access the hosting options in the contracting company's portfolio. The compensation amount was set at R$10,000 for each author. Judges Guinther Spode and Pedro Luiz Pozza followed the vote.
Considering the constitutional principle of human dignity, judge José Wilson Gonçalves, of the 5th Civil Court of Santos (SP), granted an injunction to a retiree to prohibit the bank from deducting more than 30% of his earnings to pay off loans. According to the decision, the author is in a state of economic and financial precariousness, as 50% of his monthly income of R$2,600 is deducted, leaving him with a negligible amount. In his decision, the judge highlighted that it is a practice among financial institutions to "irresponsibly grant loans to retired workers, with modest earnings, in such a way as to significantly compromise their monthly income, producing over-indebtedness and, thus, causing an offense to their dignity".