Post by account_disabled on Mar 11, 2024 5:15:37 GMT -5
It is possible to review the index fixed in the contract when the inflation value is greatly exceeded with a substantial change in the rental value, breaking the objective basis of the contract.
Disclosure
Disclosure
The understanding is that of the 29th Chamber of Private Law of the São Paulo Court of Justice when authorizing the readjustment of the rental contract for the factory of Sherwin-Williams, an American paint company, to be based on the IPCA, and not the IGP-M, as established in the contract.
Sherwin-Williams has a lease agreement Portugal Mobile Number List for its factory in the municipality of Arujá with a real estate investment fund, with annual adjustment based on the IGP-M. Due to the accumulated increase of more than 20% of the IGP-M during the Covid-19 pandemic, the company said that the rent would increase from R$203 thousand to R$246 thousand.
As a result, the company went to court seeking an IPCA adjustment and claimed, among others, that the investment fund was seeking profit to distribute to investors, as the increase in rent would result in more than R$500,000 per year, and not to maintain the real essence of the contract.
The request had been denied in the first instance, but the judging panel, unanimously, changed the sentence. To support the decision, the rapporteur, judge Silvia Rocha, cited articles 317 and 478 of the Civil Code.
"It is a fact that the IGP-M index has undergone a significant change in the last year, in a much greater proportion than that of official inflation. Evidently, the clause that chose the IGP-M as the annual rent adjustment index is not null. The absence of nullity does not, however, determine that the evident disproportion between the rent that the parties decided to contract and what currently results from the application of the aforementioned index is ignored", he said.
The judge highlighted that the monetary correction aims to update the rent value established by the parties, due to inflation, not to increase the value much higher than intended. This unforeseen distortion, stated Rocha, authorizes the rebalancing of the contract so that it remains within the terms intended by the parties when contracting.
"The issue here is not whether the author made a profit, or whether her sector satisfactorily survived the effects of the pandemic, because, even if that were the case, it is not the financial health of the author that is under discussion, but the maintenance of the contract. under the terms in which it was signed, maintaining the desired balance", he added.
Disclosure
Disclosure
The understanding is that of the 29th Chamber of Private Law of the São Paulo Court of Justice when authorizing the readjustment of the rental contract for the factory of Sherwin-Williams, an American paint company, to be based on the IPCA, and not the IGP-M, as established in the contract.
Sherwin-Williams has a lease agreement Portugal Mobile Number List for its factory in the municipality of Arujá with a real estate investment fund, with annual adjustment based on the IGP-M. Due to the accumulated increase of more than 20% of the IGP-M during the Covid-19 pandemic, the company said that the rent would increase from R$203 thousand to R$246 thousand.
As a result, the company went to court seeking an IPCA adjustment and claimed, among others, that the investment fund was seeking profit to distribute to investors, as the increase in rent would result in more than R$500,000 per year, and not to maintain the real essence of the contract.
The request had been denied in the first instance, but the judging panel, unanimously, changed the sentence. To support the decision, the rapporteur, judge Silvia Rocha, cited articles 317 and 478 of the Civil Code.
"It is a fact that the IGP-M index has undergone a significant change in the last year, in a much greater proportion than that of official inflation. Evidently, the clause that chose the IGP-M as the annual rent adjustment index is not null. The absence of nullity does not, however, determine that the evident disproportion between the rent that the parties decided to contract and what currently results from the application of the aforementioned index is ignored", he said.
The judge highlighted that the monetary correction aims to update the rent value established by the parties, due to inflation, not to increase the value much higher than intended. This unforeseen distortion, stated Rocha, authorizes the rebalancing of the contract so that it remains within the terms intended by the parties when contracting.
"The issue here is not whether the author made a profit, or whether her sector satisfactorily survived the effects of the pandemic, because, even if that were the case, it is not the financial health of the author that is under discussion, but the maintenance of the contract. under the terms in which it was signed, maintaining the desired balance", he added.