Post by account_disabled on Mar 10, 2024 22:42:22 GMT -8
A duplicate is a credit document that always corresponds to the purchase and sale of goods or the provision of a service. And even if it is not signed by the debtor, it can be executed. This is the understanding of the th Panel of the Superior Court of Justice, which upheld the decision of the Court of Justice of Minas Gerais. The second instance considered duplicates without the debtor's signature to be valid for collection in an enforcement action.
The titles were issued by Rádio Belo Horizonte for advertising services provided to the city hall of the municipality of Santa Luzia, Minas Gerais, which refused to pay the duplicates.
The municipality of Santa Luzia (MG) appealed to the STJ against the decision of the Minas Gerais TJ. He maintained that there was no bidding procedure to contract the services and that the debt could not be demanded due to the lack Austria Phone Numbers List of signature on the titles. He further claimed that there was no proof of actual receipt of services.
According to the rapporteur, minister Aldir Passarinho Junior, irregularities in hiring must be attributed, primarily, to the city hall. For the rapporteur, the municipality cannot benefit from a service and then refuse payment to the company providing it on the grounds that the procedure did not comply with the law.
The minister agreed with the decision of the TJ-MG, which says: “Speaking of proof of delivery of goods is exercising fiction, since, when it comes to radio transmissions, it is impossible to detect the voice and sound to deliver them to the recipient. The documentation that supported the issuance of duplicates contains all the elements and characteristics provided for in this type of service provision, indicating the dates, the name of the transmitter, moments of disclosure, numbers of insertions, days of disclosure, program names, unit prices and global prices”.
Furthermore, the minister highlighted that it would only be possible to reach a different conclusion if the STJ were allowed to re-examine the evidence. As this is not possible, he maintained the understanding of the Minas Gerais TJ. In a unanimous vote, the ministers of the th Panel followed the rapporteur. With information from the STJ Press Office.
The titles were issued by Rádio Belo Horizonte for advertising services provided to the city hall of the municipality of Santa Luzia, Minas Gerais, which refused to pay the duplicates.
The municipality of Santa Luzia (MG) appealed to the STJ against the decision of the Minas Gerais TJ. He maintained that there was no bidding procedure to contract the services and that the debt could not be demanded due to the lack Austria Phone Numbers List of signature on the titles. He further claimed that there was no proof of actual receipt of services.
According to the rapporteur, minister Aldir Passarinho Junior, irregularities in hiring must be attributed, primarily, to the city hall. For the rapporteur, the municipality cannot benefit from a service and then refuse payment to the company providing it on the grounds that the procedure did not comply with the law.
The minister agreed with the decision of the TJ-MG, which says: “Speaking of proof of delivery of goods is exercising fiction, since, when it comes to radio transmissions, it is impossible to detect the voice and sound to deliver them to the recipient. The documentation that supported the issuance of duplicates contains all the elements and characteristics provided for in this type of service provision, indicating the dates, the name of the transmitter, moments of disclosure, numbers of insertions, days of disclosure, program names, unit prices and global prices”.
Furthermore, the minister highlighted that it would only be possible to reach a different conclusion if the STJ were allowed to re-examine the evidence. As this is not possible, he maintained the understanding of the Minas Gerais TJ. In a unanimous vote, the ministers of the th Panel followed the rapporteur. With information from the STJ Press Office.