Post by xyz3400 on Feb 20, 2024 4:21:54 GMT -5
The 2nd Section of the Superior Court of Justice submitted to the repetitive appeals procedure a definition of the statute of limitations for the claim to charge container demurrage expenses based on a unimodal maritime transport contract. Codesp Disclosure STJ will establish a thesis to be followed by all courts in the country on the subject Due to the allocation of repetitive appeals, the board determined the suspension of the processing, throughout the national territory, of all pending processes, individual or collective, that have the issue as their object. The granting of urgent provisional protections is exempt from the suspension, when the authorizing requirements are met. The two special resources (REsp and REsp 1,823,911) are under the rapporteur of minister Villas Bôas Cueva and were registered as Topic 1,035 in the STJ database.
Qualified precedent According to the rapporteur, although there are still different understandings in local courts regarding the limitation period applicable to the collection of container demurrage expenses in the case of unimodal maritime transport, the matter was standardized by the Second Section of the STJ in the judgment of REsp 1,340,041, in 2015. At the time, the board established the understanding that, when Honduras Mobile Number List the demurrage fee charged comes from a contractual provision that establishes the data and criteria necessary to calculate compensation for losses caused by the late return of the container, the deadline The statute of limitations will be five years, as stipulated by article 206, paragraph 5, item I, of the Civil Code. In cases where there is no prior contractual stipulation, the section understood that the general rule of article 205 of the Civil Code should be applied, with the statute of limitations occurring in ten years.
However, Minister Villas Bôas Cueva highlighted that the trial was not processed under the repetitive appeals system. Thus, despite having standardized the understanding of private law groups on the subject, the thesis does not have the nature of a qualified precedent. "The judgment of such a legal issue in a case submitted to the rite of repetitive appeals will certainly avoid divergent decisions in ordinary instances and the unnecessary sending of special appeals and grievances to this higher court", stated the rapporteur. With information from the STJ Press Office.This argument has no legal basis, it violates the legislation, bringing legal uncertainty and making part of the so-called Economic Freedom Law a dead letter in the specialized labor courts. The Economic Freedom Law also created a new type of company in article 1,052, the so-called one-member limited company.
Qualified precedent According to the rapporteur, although there are still different understandings in local courts regarding the limitation period applicable to the collection of container demurrage expenses in the case of unimodal maritime transport, the matter was standardized by the Second Section of the STJ in the judgment of REsp 1,340,041, in 2015. At the time, the board established the understanding that, when Honduras Mobile Number List the demurrage fee charged comes from a contractual provision that establishes the data and criteria necessary to calculate compensation for losses caused by the late return of the container, the deadline The statute of limitations will be five years, as stipulated by article 206, paragraph 5, item I, of the Civil Code. In cases where there is no prior contractual stipulation, the section understood that the general rule of article 205 of the Civil Code should be applied, with the statute of limitations occurring in ten years.
However, Minister Villas Bôas Cueva highlighted that the trial was not processed under the repetitive appeals system. Thus, despite having standardized the understanding of private law groups on the subject, the thesis does not have the nature of a qualified precedent. "The judgment of such a legal issue in a case submitted to the rite of repetitive appeals will certainly avoid divergent decisions in ordinary instances and the unnecessary sending of special appeals and grievances to this higher court", stated the rapporteur. With information from the STJ Press Office.This argument has no legal basis, it violates the legislation, bringing legal uncertainty and making part of the so-called Economic Freedom Law a dead letter in the specialized labor courts. The Economic Freedom Law also created a new type of company in article 1,052, the so-called one-member limited company.