Post by account_disabled on Mar 13, 2024 2:07:04 GMT -5
The judiciary can intervene, based on the theory of unpredictability and excessive onerousness, when there is a contractual imbalance generated by issues beyond the control of the parties involved.
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Action involves children's clothing store, closed due to the new coronavirus
It was based on this understanding that judge Alessandra Bittencourt dos Santos Deppner, of the 2nd Civil Court of Poços de Caldas (MG), authorized a children's clothing store to pay only 50% of the rent while its activities are suspended. The decision, on a preliminary basis, was handed down this Wednesday (22/4).
According to the records, the B2B Lead plaintiff has had a lease with the defendant for 13 years. Due to the new coronavirus epidemic and, consequently, the decrees that determined the suspension of non-essential activities, the store ended up paralyzing activities and losing revenue.
“Unfortunately, there is no way to say that the changes and impacts of the pandemic on life and the world economy will be temporary, and a change of paradigm and the reinvention of entrepreneurs when resuming their activities will be inevitable”, states the decision.
Also according to the judge, “the applicant company, as well as all commerce not considered essential, suffered a serious impact with the prohibition on opening and selling its goods to the direct public”.
The author requested the full suspension of the rent or a judicial consignment deposit of R$1,500. According to the decision, however, this could negatively affect the property owner.
“The burden was not caused by the defendant, which is why there is no way to burden him with the full suspension of payment, since his income derives from the rental of his leased properties, and a reasonable solution must be applied that requires collaboration between the parties , so that the losses are balanced."