Post by messi05 on Jan 24, 2024 3:22:10 GMT -8
The simple delay by the financial institution in arranging for the release of the fiduciary lien lien after paying off the vehicle is not capable of generating compensable moral damages. This is the understanding of the 3rd Panel of the Superior Court of Justice, which denied the request of a client who wanted the bank to be condemned for not proceeding with the write-off of the fiduciary alienation lien, even after eight months of paying off the financing. The rapporteur minister, Nancy Andrighi, stated that, to constitute moral damage, a concrete attack on the dignity of the person is necessary, “capable of causing intense suffering and humiliation”, which did not occur in the case under analysis, since “the The financial institution’s omission did not even prevent the appellant from enjoying the property.”
For her, in cases of non-compliance with Buy Phone Number List the terms of the contract, the injured party can use instruments provided for in the legal system to force the other party to fulfill their part. Nancy Andrighi also highlighted that, within the scope of business relations, non-compliance with obligations by the parties can be resolved at the patrimonial level, by repairing emerging damages, loss of profits, payment of interest or fines. The rapporteur said that, in the case of contractual wrongdoing, the STJ has ruled out the absolute nature of the existence of compensable moral damage.
The court's jurisprudence has recognized compensable moral damage only in exceptional circumstances, capable of causing suffering, pain, embarrassment, anguish or spiritual discomfort to the point of violating, in an abnormal way, the individual's right to personality. The court consolidated the understanding that simple frustrations or annoyances are incapable of causing moral damage, since “life in society unfortunately, on certain occasions, translates into unpleasantness that, although regrettable, cannot justify civil compensation for moral damage. ” (REsp 1,234,549). According to Nancy Andrighi, “the characterization of moral damage presupposes much more than the annoyance resulting from a failed business; It is essential that a significant and abnormal violation of personality rights be characterized.”
For her, in cases of non-compliance with Buy Phone Number List the terms of the contract, the injured party can use instruments provided for in the legal system to force the other party to fulfill their part. Nancy Andrighi also highlighted that, within the scope of business relations, non-compliance with obligations by the parties can be resolved at the patrimonial level, by repairing emerging damages, loss of profits, payment of interest or fines. The rapporteur said that, in the case of contractual wrongdoing, the STJ has ruled out the absolute nature of the existence of compensable moral damage.
The court's jurisprudence has recognized compensable moral damage only in exceptional circumstances, capable of causing suffering, pain, embarrassment, anguish or spiritual discomfort to the point of violating, in an abnormal way, the individual's right to personality. The court consolidated the understanding that simple frustrations or annoyances are incapable of causing moral damage, since “life in society unfortunately, on certain occasions, translates into unpleasantness that, although regrettable, cannot justify civil compensation for moral damage. ” (REsp 1,234,549). According to Nancy Andrighi, “the characterization of moral damage presupposes much more than the annoyance resulting from a failed business; It is essential that a significant and abnormal violation of personality rights be characterized.”