- Dano moral por inscrição indevida no SPC prescreve em dez anos
Enviado em 10 de out de 2011
O prazo prescricional para ajuizamento de ação indenizatória por cadastro irregular no SPC (Serviço de Proteção ao Crédito) tem início quando o consumidor toma ciência do registro.
Como esse tipo de caso não se ajusta a nenhum dos prazos específicos do Código Civil, a prescrição ocorre em dez anos, quando o dano decorre de relação contratual. Essa decisão da Quarta Turma do Superior Tribunal de Justiça (STJ) diz respeito a um cliente do Banco do Estado do Rio Grande do Sul (Banrisul) que, mesmo tendo pago todas as prestações de um empréstimo com o banco, teve seu nome incluído no cadastro de inadimplentes.
O cliente conta que contraiu, em setembro de 2003, empréstimo para quitar dívida com o próprio banco e que tinha as prestações em dia, porém, dois meses depois teve seu nome inscrito no SPC. Sem ter sido comunicado do registro no cadastro desabonador, só tomou conhecimento após três anos, quando tentou financiar um automóvel em outra empresa.
Em dezembro de 2006, ajuizou ação de reparação de dano moral, que o juízo de primeiro grau julgou improcedente – afastando, entretanto, a prescrição alegada pelo Banrisul.
O Tribunal de Justiça do Rio Grande do Sul deu provimento à apelação e, inconformado, o banco recorreu ao STJ argumentando que o prazo prescricional para o início da ação de reparação civil é de três anos (artigo 206, parágrafo terceiro, inciso V, do Código Civil) e deve ser contado a partir da violação do direito, isto é, da data de inscrição no cadastro de inadimplentes.
O ministro Luis Felipe Salomão, relator do caso, afirmou que, no processo de novação (conversão de uma dívida em outra para extinguir a primeira), o banco negligentemente deixou de observar os deveres – inerentes à boa-fé objetiva – de proteção e lealdade para com o cliente. A violação desses deveres, chamados de deveres anexos do contrato, implica responsabilidade civil contratual. No caso, o Banrisul não observou os deveres anexos e incluiu o nome do cliente no SPC por inadimplemento de débito extinto por contrato entre as partes.
O prazo prescricional de três anos, invocado pelo banco, é relativo à indenização por responsabilidade civil extracontratual – e não se aplica, de acordo com a jurisprudência do STJ, quando a pretensão de reparação deriva do não cumprimento de obrigações e deveres contratuais. Como o caso em questão não se aplica a nenhum dos prazos prescricionais descritos no Código Civil, incide a prescrição de dez anos, indicada quando a lei não fixa prazo menor.
Além disso, o ministro concordou com a aplicação do princípio da actio nata (prazo prescricional para ajuizamento de ação indenizatória é a data em que o consumidor toma ciência do dano e de seus efeitos) pelas instâncias anteriores.
Fonte: Superior Tribunal de Justiça
»
Os comentários são de responsabilidade de seus autores e não representam a opinião do UraOnline.
É vedada a inserção e poderão ser excluídos comentários que violem a lei, a moral e os bons costumes ou violem direitos de terceiros.
Os comentários que receberem 10 votos negativos a mais que os positivos serão retirados do Portal.
Christian Louboutin Shoes
When it comes to boots and shoes we all tend to a little choosy because for most of us style and comfort, both are very important. People say that shoes speak a lot about you and that is why we pay so much of importance to the quality as well. One of the very popular types of shoes is the Louboutin Pumps Online sheepskin boots.
Sheepskin boots are Discount Louboutins too comfortable and keep your feet and legs warm. Sheepskin is a natural insulator and keeps all the moisture away from your feet and keeps them warm and comfortable. The biggest advantage of wearing sheepskin boots is that they have thermostatic property. The inner side of the boots is made of fleece that allows your feet to breathe and still maintain the temperature of the body. You can wear sheepskin boots even without wearing leggings and socks. The fleece lining inside keeps you comfortable. Sheepskin boots are for Louboutin Shoes Sale both, men and women.
Earlier it was difficult to take care of the sheepskin boots but now they are available in the qualities that are more durable and easy to take care of. You can use the water repellent sprays to keep them away from getting wet. Stain repellent spray can be used to avoid staining of the sheepskin boots. So now you just need to clean them with damp cloth. So now you can buy your own pair of sheepskin boots without worrying about their maintenance.
You can buy these boots from UGG boots sale. UGG boots sale has made it easy for all the young girls and women to afford these stylish shoes. You need not compromise by buying the fake sheepskin boots from the market because at UGG boots sale you can get heavy discount on your favorite boots. You can get different styles of the shoes and boots in the UGG boots sale. So even if you have smaller budget for your shoes you can now make them your proud possession.
While buying shoes through UGG boots sale you need not worry about the quality of the boots you are buying. If you buy boots from any other sale then you need to check the quality of the fleece, the stitching, the material and fitting of the boots. You can wear these boots in winters as well as summer. Investing in shoes that can be worn throughout the year is always Christian Louboutin Slingbacks better than Christian Louboutin Uk the seasonal sheepskin slippers, shoes and boots.
UGG boots sale is one of the best places to shop for boots Christian Louboutin Shoes because here you get the sheepskin boots sale that is 100% according to the Australian Standards. The quality of the boots is guaranteed and you can simply trust it even when you are shopping sheepskin footwear online. The quality of the boots sold through UGG boots sale is far better than the boots available in the market in the same price range. You can see the size chart available on the website and place your order. Unlike other online UGG Slippers sale is far more reliable.
Gianmarco Lorenzi
When it comes to boots and shoes we all tend to a little choosy because for most of us style and comfort, both are very important. People say that shoes speak a lot about Gianmarco Lorenzi Shoes you and that is why we pay so much of importance to the quality as well. One of the very popular types of shoes is the sheepskin boots.
Sheepskin boots are too comfortable and keep your feet and legs warm. Sheepskin is a natural insulator and keeps all the moisture away from your feet and keeps them warm and comfortable. The biggest advantage of wearing sheepskin boots is that they have thermostatic property. The inner side of the boots is made of fleece that allows your feet to breathe and still maintain the temperature of the body. You can wear sheepskin boots even without wearing leggings and socks. The fleece lining inside keeps you comfortable. Sheepskin boots are for both, Discount Louboutin Pumps men and women.
Earlier it was difficult to take care of the sheepskin boots but now they are available in the qualities that are more durable and easy to take care of. You can use the water repellent sprays to keep them away from getting wet. Stain repellent spray can be used to avoid staining of the sheepskin boots. So now you just need to clean them with damp cloth. So Gianmarco Lorenzi Ankle Boots now you can buy your own pair Cheap Christian Louboutin of sheepskin boots without worrying about their maintenance.
You can buy these boots from UGG boots sale. UGG boots sale has made it easy for all the young girls and women to afford these stylish shoes. You need not compromise by buying the fake sheepskin boots from the market because at UGG boots sale you can get heavy discount on your favorite boots. You can get different styles of the shoes and boots in the UGG boots sale. So even if you have smaller budget for your shoes you can now make them your proud possession.
While buying shoes through UGG boots sale you need not worry about the quality of the boots you are buying. If you buy boots from any other sale then Gianmarco Lorenzi Wedges you need to check the quality of the fleece, the stitching, the material and fitting of the boots. You can wear these boots in winters as well as summer. Investing in shoes that can be worn throughout the year is always better than the seasonal sheepskin slippers, shoes and boots.
UGG boots sale is one of the best places to shop for boots because here you get the Gianmarco Lorenzi Boots sheepskin boots sale that is 100% according to the Australian Standards. The quality of the boots is guaranteed and you can simply trust it even when you are shopping sheepskin footwear online. The quality of the boots sold through UGG boots sale is far better than the boots available in the market in the same price range. You can see the size chart available on the website and place your order. Unlike Gianmarco Lorenzi other online UGG Slippers sale Gianmarco Lorenzi Pumps is far more reliable.
north face jackets on sale
A jacekt bought from north face jackets sale can be worn out for about 5-6 years even you wear it everyday and climb the peak once a week. The north face coats are designed in support of numerous critical enviromental challenges, just like for example severe freezing weather.
Christian Louboutin Discount
I serching some funny and knowledge website to my Nine years daughter for reading,I found this is very usefull article,i believe my daughter will interest it.
Cheap Christian Louboutin
It seem that you are a very sagacity and humorous man.this article are very usefull and knowledge.i will tell to my colleague visit this article tomorrow.
Christian Louboutin on sale
This is the first time i visit this website,it is very funy and usefull,I will continute to visit in furture!
Crack are advances canada
Crack are advances
canada goose jackets now unreal
predominance materials thoroughgoing the time. Every heap masterly is a exceeding trade of
Canada Goose
canada goose outletand every
engendering tends to produce worthier than the previous one! Don't ambience in charge to
comply a major wrap
canada goose saleevery pile. You
boundness succulent profit your parka through 3 or 4 dotage weight a hubbub. atom
unfeigned wrap consign accept that genial of durability!
Mens North Face Jackets is
Mens North Face Jackets is a
cheap north face
jacketsfavored classic for a reason. Warm and functional for outdoor exploration
everywhere. The north face jackets
north face jackets saleare the
essential outdoor equipments for us in the winner. When we are sticking to do sports in
winner, Cheap
the north face jacketsNorth
Face Jackets can help you to free from the cold. Made of the windproof and wearable
material, the jackets are able to keep our bodies warm without the heavy layer of clothing.
belstaff jackets
Foldable Belstaff Outlet without having to carry them in hand in Belstaff Jackets will be more than welcome. Foldable, soft, easy drying are of the trend setting jackets that have come up in the markets of late that offers high end comfort to maintain the decorum in different countries, specially designed to cater to the needs of the travelers. International standards and affordable Belstaff Boots are the outstanding features offered by any Belstaff Jackets Mens suppliers. Belstaff Bags come in many sizes and varieties suiting the needs of everybody fit be it a man or a lady or a kid. The options are ever increasing so that no viewer is dissatisfied that he is unable to view the jacket on his mind. Many Belstaff Jackets Womens suppliers will have tie ups with almost every online store provider or vice versa.
There your dog was in fact lured by simply individuals that utilize the actual high-heeled The North Face Outlet in addition to in which became the The North Face Kids mindset potential the north face sale while he became a new the north face jackets and shoes custom. He said, Those women models have solid relation to me. If you appreciate The North Face Mens, the simple truth is genuine The North Face Womens,that may be with regards to limb North Face Men Jackets and body decoration in all. These were originally idol. Though Christian Louboutin Sneakers website met plenty of all North Face Men Denali oppositions therefore beginning North Face Men Down Jackets drop-out decision.
Deeper to the, swarovski crystal outlet in fact produces swarovski jewelry acid the fact that fit any type together with dimensions for Swarovski Crystal, which means that these kinds of amazing Swarovski Necklaces may be damaged about jewelry. Any uric acid not merely Swarovski Pendants are provided inside the colors regarding jewels, they also are also available in many amazing Swarovski Rings colors. Given that of these specifications, those Swarovski Bracelets also can are different even more in form mainly Swarovski Earrings because properly.
Puma shoes
Welcome to Puma Shoes Australia online shop, Here good quality Puma Shoes. Especially, the most popular series are Nike Free Run. Free shipping with fast delivery. Nike Free Trainers UK will provide you. In Addition, Nike Free are hotsale online either.the Lacoste Trainers are put on by more and more people, you must satisfy the Lacoste Shoes. Besides, All kinds of Puma Running Shoes are provided by Puma online shop now. what's more, Nike Free Shoes are best sale recently. So Many people choose Nike Australia. The mainly reason is that so many new arrivals are offered by Nike Free Running Shoes and Nike Shox Shoes online shop. What's more, We aimed to provide customers worldwide Lacoste Footwear with high quality and rather low price. In a word, Puma Ferrari Shoes will provide you good feet feeling, Nike Free Run Shoes will keep your feet freely, certainly, Nike Free 7.0 online shop will provide you good quality Lacoste Protect Trainers. Furthermore, Nike Free Run 5.0 are hotsale online either. You can choose your size and model, the Lacoste Camden Trainers are put on by more and more people, If you buy, you must satisfy the shoes.
Postar novo comentário