Post by xyz3600 on Feb 25, 2024 3:05:07 GMT -6
Even if a document considered essential is missing, the court can and should judge the merits of the case. With this understanding, judge Lucas Cavalcanti da Silva, of the 7th Civil Court of Curitiba, did not accept embargoes of execution of a debtor against a creditor. 123RF CPC/2015 established, among other guidelines, the primacy of judgment on the merits, recalled the judge 123RF In the decision, the judge recalled that the Superior Court of Justice has already decided on the possibility of attaching a document essential to the filing of the action, even after the opposition of the embargoes on execution. He also highlighted that the current Code of Civil Procedure focuses on judging the merits.
The Code of Civil Procedure established, among other guidelines, the primacy of judgment on the merits. This means that, whenever possible, the judge must strive to resolve the controversy effectively, analyzed on its merits, and overcome issues merely procedures that would imply the termination of the process without resolving the merits", he said. Lawyer Ricardo Nacle , who defended the creditor Middle East Mobile Number List in the case, praised the judge's decision. "The judge applied the primacy of judgment on the merits even if the missing document in the distribution of the action is considered essential. It is a very current decision that reflects the new values contemplated by the procedural order in force", he states.
Furthermore, Coaf may request banking and financial registration information from people involved in suspicious activities and communicate it to the competent authorities to initiate appropriate procedures, when it concludes that there is evidence of crimes provided for in Federal.The 2nd Civil Court of the Federal District condemned Sky for abusive practices and prohibited the company from making charges after receiving, by any means, the request to cancel the service. According to the ruling, “such corporate stance is highly serious, as it aims to coerce consumers with supposed charges for non-existent debts and also to deceive them by allowing the continued availability of the television signal to subscribers, even after the request service cancellation, in order to justify undue charges, under the title of 'subscription reactivation.
The Code of Civil Procedure established, among other guidelines, the primacy of judgment on the merits. This means that, whenever possible, the judge must strive to resolve the controversy effectively, analyzed on its merits, and overcome issues merely procedures that would imply the termination of the process without resolving the merits", he said. Lawyer Ricardo Nacle , who defended the creditor Middle East Mobile Number List in the case, praised the judge's decision. "The judge applied the primacy of judgment on the merits even if the missing document in the distribution of the action is considered essential. It is a very current decision that reflects the new values contemplated by the procedural order in force", he states.
Furthermore, Coaf may request banking and financial registration information from people involved in suspicious activities and communicate it to the competent authorities to initiate appropriate procedures, when it concludes that there is evidence of crimes provided for in Federal.The 2nd Civil Court of the Federal District condemned Sky for abusive practices and prohibited the company from making charges after receiving, by any means, the request to cancel the service. According to the ruling, “such corporate stance is highly serious, as it aims to coerce consumers with supposed charges for non-existent debts and also to deceive them by allowing the continued availability of the television signal to subscribers, even after the request service cancellation, in order to justify undue charges, under the title of 'subscription reactivation.