Post by account_disabled on Jan 30, 2024 11:51:13 GMT
In the event of abuse in the exercise of their mandate by lawyers, and the delay resulting from a contractual error due to different interpretations of the contract clause, the summons is the starting point for the incidence of late payment interest, in accordance with article 219 of the Code of Civil Procedure 1973. The decision was made by the 3rd Panel of the Superior Court of Justice when judging an appeal in an accountability action filed by clients against their lawyers, who had retained an amount in excess of that contracted as legal fees. The Court of Justice of Minas Gerais recognized the abuse in the practice of law and ordered the lawyers to pay the difference in the amounts unduly withheld.
It established the starting point for default Buy Phone Number List interest on the date on which the mandate was abused and removed the incidence of the Selic rate. The question submitted to the STJ was whether the lawyers' delay should be recognized as of the summons, as recommended by article 405 of the Civil Code of 2002, or from the date on which the mandate was abused, as established in article 398. According to Minister Paulo de Tarso Sanseverino, the initial term of default interest is not determined by the type of damage to be repaired, but based on the nature of the legal relationship maintained between the parties, “which may be contractual or extra-contractual”.
The minister explained that, in non-contractual liability, the initial term of default interest is the date of the fact, as established in article 398 of the CC and Precedent 54 of the STJ. However, in the case of a contractual legal relationship, article 405 of the CC applies, “the initial term of default interest being the date of service”. According to Sanseverino, if there is no proof of bad faith and the delay is declared by the Judiciary, the summons must be the starting point for the calculation of interest, which will follow the Selic rate, as determined by article 406 of the CC and the precedents of the Special Cut. For the collegiate, in the period prior to the constitution in default (before the summons), the monetary update of the amounts owed must be made using the index indicated in the sentence.
It established the starting point for default Buy Phone Number List interest on the date on which the mandate was abused and removed the incidence of the Selic rate. The question submitted to the STJ was whether the lawyers' delay should be recognized as of the summons, as recommended by article 405 of the Civil Code of 2002, or from the date on which the mandate was abused, as established in article 398. According to Minister Paulo de Tarso Sanseverino, the initial term of default interest is not determined by the type of damage to be repaired, but based on the nature of the legal relationship maintained between the parties, “which may be contractual or extra-contractual”.
The minister explained that, in non-contractual liability, the initial term of default interest is the date of the fact, as established in article 398 of the CC and Precedent 54 of the STJ. However, in the case of a contractual legal relationship, article 405 of the CC applies, “the initial term of default interest being the date of service”. According to Sanseverino, if there is no proof of bad faith and the delay is declared by the Judiciary, the summons must be the starting point for the calculation of interest, which will follow the Selic rate, as determined by article 406 of the CC and the precedents of the Special Cut. For the collegiate, in the period prior to the constitution in default (before the summons), the monetary update of the amounts owed must be made using the index indicated in the sentence.