Post by messi23 on Mar 12, 2024 17:35:27 GMT 7
Via varejo administrator of casas bahia and ponto frio must include in its contracts a clause providing for a fine for delay in delivery of goods and also for delay in refunding amounts paid in case of consumer regret. According to the rd panel of the superior court of justice the requirement is necessary for contractual balance and harmony in the consumer relationship. The decision by majority maintains the ruling of the são paulo court of justice which had already determined the inclusion of these clauses.
At the stj the company claimed there was no legal and Germany Phone Number contractual provision for the fine and that the decision would place it at a disadvantage in relation to the competition since the measure is not adopted by other suppliers in the sector. The rapporteur minister paulo de tarso sanseverino did not accept the argument. In addition to highlighting the existence of several public civil actions with the same request against other companies the minister understood that the measure guarantees contractual balance.
The absence of a similar contractual provision to punish the supplier certainly does not arise from the fact that there is no standard in the legal system from which such an obligation is derived but rather because the adhesion contracts are drawn up by the supplier itself limiting itself as to impute to those who simply adhere to it the penalties for possible non-compliance taking advantage of their advantageous position in the relationship said the minister. Sanseverino also highlighted article xii and article of the consumer protection code cdc which deal respectively with the supplier's obligation to establish a deadline for fulfilling the contracted obligation and the right to an immediate refund of the amount paid.
At the stj the company claimed there was no legal and Germany Phone Number contractual provision for the fine and that the decision would place it at a disadvantage in relation to the competition since the measure is not adopted by other suppliers in the sector. The rapporteur minister paulo de tarso sanseverino did not accept the argument. In addition to highlighting the existence of several public civil actions with the same request against other companies the minister understood that the measure guarantees contractual balance.
The absence of a similar contractual provision to punish the supplier certainly does not arise from the fact that there is no standard in the legal system from which such an obligation is derived but rather because the adhesion contracts are drawn up by the supplier itself limiting itself as to impute to those who simply adhere to it the penalties for possible non-compliance taking advantage of their advantageous position in the relationship said the minister. Sanseverino also highlighted article xii and article of the consumer protection code cdc which deal respectively with the supplier's obligation to establish a deadline for fulfilling the contracted obligation and the right to an immediate refund of the amount paid.