Post by xyz3600 on Feb 25, 2024 7:08:24 GMT
There is no necessary joinder in cases of joint and several liability, with the creditor having the option of filing an action against one, some or all of those responsible for the debt. Based on this understanding, the 1st Panel of the Superior Court of Justice ruled out the formation of a passive joint venture necessary in a collection action filed by a public company against two contractors. The rapporteur, minister Benedito Gonçalves, explained that the jurisprudence of the STJ has a pacified understanding that there is no necessary joint action in cases of joint and several liability. "The original ruling (of the Federal Regional Court of the 4th Region) is in divergence from the understanding reached within this court", he stated.
Benedito Gonçalves explained that the joint liability provided for in the contract eliminates the necessary passive joint action, whatever the nature of the request related to the contract, with the creditor, therefore, having the right to choose which co-obligors will be included in the defendant, even if the claim is declaratory. "It must be concluded that there is no need to form the necessary passive joint venture with the other Middle East Mobile Number List contracted companies, which the creditor chose not to include as defendants in the demand", he highlighted. In the case analyzed, due to non-compliance with deadlines in the execution of the contract and the provision of joint and several liability between the contractors, the public company filed an ordinary collection action, combined with reimbursement and declaration of rights, to the detriment of only two contracted companies.
However, the Federal Regional Court of the 4th Region (TRF-4) recognized the existence of a necessary passive joint venture between all contracted companies (with regard to the declaratory claim) and granted the call for another company's process regarding the order related to the supply of a product. With information from the STJ press office.In this sense, this type of control may be permitted not only for negotiations carried out collectively, as well as those individually agreed (by those receiving remuneration exceeding R$ 10 thousand), in accordance with the wording of paragraph 3 of article 74, the which will be written as follows if the provisional measure is approved: “The use of time recording is permitted as an exception to the working day, through a written individual agreement, collective agreement or collective labor agreement.
Benedito Gonçalves explained that the joint liability provided for in the contract eliminates the necessary passive joint action, whatever the nature of the request related to the contract, with the creditor, therefore, having the right to choose which co-obligors will be included in the defendant, even if the claim is declaratory. "It must be concluded that there is no need to form the necessary passive joint venture with the other Middle East Mobile Number List contracted companies, which the creditor chose not to include as defendants in the demand", he highlighted. In the case analyzed, due to non-compliance with deadlines in the execution of the contract and the provision of joint and several liability between the contractors, the public company filed an ordinary collection action, combined with reimbursement and declaration of rights, to the detriment of only two contracted companies.
However, the Federal Regional Court of the 4th Region (TRF-4) recognized the existence of a necessary passive joint venture between all contracted companies (with regard to the declaratory claim) and granted the call for another company's process regarding the order related to the supply of a product. With information from the STJ press office.In this sense, this type of control may be permitted not only for negotiations carried out collectively, as well as those individually agreed (by those receiving remuneration exceeding R$ 10 thousand), in accordance with the wording of paragraph 3 of article 74, the which will be written as follows if the provisional measure is approved: “The use of time recording is permitted as an exception to the working day, through a written individual agreement, collective agreement or collective labor agreement.