Post by account_disabled on Mar 12, 2024 22:51:14 GMT -6
Based on the principle of the social function of the contract, judge Dirceu Brisolla Geraldini, from the 6th Civil Court of Jundiaí (SP), reduced by 60% the value of the financing installments for a van purchased to provide school transport.
Reproduction Due to Covid-19, judge reduces the value of the installment of a school transport van by 60%
The driver, represented by lawyer Tiago Moraes Gonçalves , from B2B Lead Ernesto Tzirulnik Advocacia, claimed that, although classes in public and private schools were partially resumed, the parents of the students she was transporting did not rehire the services. For the judge, the situation was duly proven in the records.
"The lack of in-person attendance at classes, coupled with the financial difficulties of those responsible for the students, probably resulting from the economic crisis generated by the measures to contain the Covid-19 pandemic, made it impossible for the author to resume her professional practice", he stated.
Geraldini cited the principle of the social function of the contract, "through which it seeks to preserve the freely agreed economic logic, especially commutativity, that is, the exchange between the installments paid and demanded", and article 478 of the Civil Code, " which says that in contracts with continuous or deferred performance, if the performance of one of the parties becomes excessively onerous, with extreme advantage for the other, due to extraordinary and unpredictable events, the debtor may request resolution".
The decision is valid from February 2021 until the full resumption of school activities in the municipality of Jundiaí. The judge set a daily fine of R$1,000, limited to R$20,000, in case of non-compliance with the order by the bank that granted financing to the plaintiff.
Reproduction Due to Covid-19, judge reduces the value of the installment of a school transport van by 60%
The driver, represented by lawyer Tiago Moraes Gonçalves , from B2B Lead Ernesto Tzirulnik Advocacia, claimed that, although classes in public and private schools were partially resumed, the parents of the students she was transporting did not rehire the services. For the judge, the situation was duly proven in the records.
"The lack of in-person attendance at classes, coupled with the financial difficulties of those responsible for the students, probably resulting from the economic crisis generated by the measures to contain the Covid-19 pandemic, made it impossible for the author to resume her professional practice", he stated.
Geraldini cited the principle of the social function of the contract, "through which it seeks to preserve the freely agreed economic logic, especially commutativity, that is, the exchange between the installments paid and demanded", and article 478 of the Civil Code, " which says that in contracts with continuous or deferred performance, if the performance of one of the parties becomes excessively onerous, with extreme advantage for the other, due to extraordinary and unpredictable events, the debtor may request resolution".
The decision is valid from February 2021 until the full resumption of school activities in the municipality of Jundiaí. The judge set a daily fine of R$1,000, limited to R$20,000, in case of non-compliance with the order by the bank that granted financing to the plaintiff.