Civil Code and this provision does not establish
Mar 13, 2024 10:34:15 GMT 1
Post de account_disabled el Mar 13, 2024 10:34:15 GMT 1
According to him if the property could not be seized due to the chattel mortgage the debtor of the condominium shares would find themselves in a comfortable situation. In addition to being a favorable situation for the financial institution if the fiduciary debtor was up to date with the financing installments even if he owed the condominium fees.
“It is up to every fiduciary creditor for their best protection to establish in the respective contract not only the obligation of the fiduciary debtor to pay the installment inherent to the financing but also to present monthly proof of payment of the debt relating to the condominium” highlighted minister Raul Araújo in his vote.
With this the minister understood that CG Leads the special appeal should be granted to establish the duty of the creditor condominium to summon the fiduciary creditor so that he can be part of the execution providing him with the opportunity to pay off the condominium debt and thus credit to in regressive action seek reimbursement of such amount from the fiduciary debtor.
Is it possible to simply place the responsibility on other condominium owners to bear the debt that is an obligation relating to the interest of any condominium unit owner? According to Minister Raul Araújo no.
Therefore in similar cases the rd and th Panel of the Superior Court of Justice have been diverging and the issue must be monitored mainly by fiduciary creditors revisiting their contracts so that they protect their rights in the event of a possible loss of fiduciary property in addition to being avoiding possible new risks.
According to Minister Raul Araújo in relation to Minister Nancy Andrighi's vote in the files of REsp nº ..RS he understands the solution to be correct in such a context for a common creditor “the normal creditor of a condominium owner in that situation. Such creditor will not be able to seize the debtor's property as the asset is sold on fiduciary basis to the fiduciary creditor who is the holder of the resoluble property of the immovable property”.
“It is up to every fiduciary creditor for their best protection to establish in the respective contract not only the obligation of the fiduciary debtor to pay the installment inherent to the financing but also to present monthly proof of payment of the debt relating to the condominium” highlighted minister Raul Araújo in his vote.
With this the minister understood that CG Leads the special appeal should be granted to establish the duty of the creditor condominium to summon the fiduciary creditor so that he can be part of the execution providing him with the opportunity to pay off the condominium debt and thus credit to in regressive action seek reimbursement of such amount from the fiduciary debtor.
Is it possible to simply place the responsibility on other condominium owners to bear the debt that is an obligation relating to the interest of any condominium unit owner? According to Minister Raul Araújo no.
Therefore in similar cases the rd and th Panel of the Superior Court of Justice have been diverging and the issue must be monitored mainly by fiduciary creditors revisiting their contracts so that they protect their rights in the event of a possible loss of fiduciary property in addition to being avoiding possible new risks.
According to Minister Raul Araújo in relation to Minister Nancy Andrighi's vote in the files of REsp nº ..RS he understands the solution to be correct in such a context for a common creditor “the normal creditor of a condominium owner in that situation. Such creditor will not be able to seize the debtor's property as the asset is sold on fiduciary basis to the fiduciary creditor who is the holder of the resoluble property of the immovable property”.
