Post by account_disabled on Mar 12, 2024 0:44:12 GMT -5
The debtor is not liable for losses resulting from unforeseeable circumstances or force majeure, if he is not expressly responsible for them.
reproduction
Reproduction Company cannot charge a fine for weddings postponed due to the pandemic
This is what judge Júlia Gonçalves Cardoso, of the 3rd Civil Court of Mauá (SP), understood when prohibiting a company from charging a fine to a couple who decided to postpone their wedding party due to the Covid-19 pandemic. According to the ruling, only a fine can be charged for contract termination, but not for postponement.
According to the records, the bride and groom signed a contract to hold the wedding, worth R$62,000, but the event was postponed a few times due to the pandemic. Months later, the couple asked for the party to be canceled and the fine to be waived. The company, however, understood that the contractual extension and termination fines, totaling R$41 thousand, were due.
For the judge, charging a fine for Portugal Mobile Number List postponements was undue, since the incident occurred due to force majeure, in this case, the pandemic. "In this scenario, it does not seem reasonable that, having to reschedule and extend previously planned events, the consumer may be subjected to fines and other contractual penalties, since the impossibility of holding the contracted event, on the chosen date, was due to circumstance to which it did not give rise", he wrote.
According to Cardoso, the couple, at the time of signing the contract, could not have predicted the advent of a pandemic that would force the party to be postponed. It is at this moment, stated the judge, that the State judge must act to balance legal relations in general and, "in a proportionate and reasonable manner, in accordance with article 8 of the CPC, safeguard the public interest and avoid greater and profound harm to all ".
Termination was not due to the pandemic
On the other hand, the judge said that the contractual termination was not due to an event beyond the control of the parties or because of the pandemic, and it was therefore appropriate to charge a fine in the amount of R$ 11 thousand: "Taking into account Since the contractual termination was not due to force majeure but rather due to the end of the relationship between the defendants, it is appropriate to charge a fine related to the termination.