Post by messi05 on Jan 23, 2024 23:36:34 GMT -5
Post scriptum” 1 A recent decision (not yet published) by the STJ reveals what could perhaps be the beginning of a move by that court to abandon the thesis of lost profits to compensate for the deprivation of use. The main theme of the judgment is the supervening loss of interest in requesting a reduction in the price of the property purchase and sale contract when the defect that was the basis for the request (impossibility of using a roof slab) was removed due to a subsequent changes to municipal legislation.
Minister Felipe Salomão, however, highlighted that Buy Phone Number List although he no longer has the right to a price reduction, “the party will be able to claim eventual compensation for material damages resulting from the period in which he ended up being prevented from exercising his right to use, enjoyment and enjoyment of the slab". “Post scriptum” 2 On August 31, in an IRDR judgment, the TJ-SP approved five new theses on demands involving commitments to purchase and sell property.
Thesis 5 enshrines deprivation of use as an autonomous damage, which cannot be confused with loss of profits. Its text is: “The delay in the provision of delivery of a property subject to a purchase and sale commitment creates an obligation on the part of the seller to compensate the purchaser for the unfair deprivation of the use of the property. The use will be obtained economically through the measure of a rent, which can be calculated as a percentage of the updated value of the contract, corresponding to what you no longer received, or had to pay to make use of a similar property, with a final term on the date of availability of the property.
Minister Felipe Salomão, however, highlighted that Buy Phone Number List although he no longer has the right to a price reduction, “the party will be able to claim eventual compensation for material damages resulting from the period in which he ended up being prevented from exercising his right to use, enjoyment and enjoyment of the slab". “Post scriptum” 2 On August 31, in an IRDR judgment, the TJ-SP approved five new theses on demands involving commitments to purchase and sell property.
Thesis 5 enshrines deprivation of use as an autonomous damage, which cannot be confused with loss of profits. Its text is: “The delay in the provision of delivery of a property subject to a purchase and sale commitment creates an obligation on the part of the seller to compensate the purchaser for the unfair deprivation of the use of the property. The use will be obtained economically through the measure of a rent, which can be calculated as a percentage of the updated value of the contract, corresponding to what you no longer received, or had to pay to make use of a similar property, with a final term on the date of availability of the property.