Imobiliário
Autor | Des. João Domingos Kuster Puppi |
Páginas | 67-68 |
Page 67
Apelação cível. Indenizatória. Danos construtivos. Falhas de execução. Necessidade de reforma para evitar problemas estruturais. Responsabilidade da construtora e não da incorporadora. A perícia apurou a natureza dos vícios. Natureza inerente à atividade da construtora. Impermeabilização, infiltração e corrosão de ferragens. Juros de mora. Responsabilidade contratual. Incidência, a contar da citação. Multa por recurso protelatório. Afastada. Não comprovada má-fé da parte. Recurso parcialmente provido.
(TJ/PR - Ap. Cível n. 733013-2 - Curitiba - 8a. Câm. Cív. -Ac. unânime - Rei.: Des. João Domingos Kuster Puppi - Fonte: DJ, 04.03.2012).
Agravo regimental no agravo de instrumento - Ação de cobrança de cotas condominiais em fase de execução - Retomada do imóvel pela COHAB/CT -Substituição processual no pólo passivo - Obrigação propter rem - Possibilidade de substituição processual em fase de execução - Arts. 568, III e 42, § 3o, do CPC, 1345 do NCC - Recurso provido. Aquele que adquire a unidade condominial, a qualquer título, deve responder pelos encargos junto ao condomínio, mesmo os anteriores à aquisição do imóvel, por se tratar de obrigações propter rem, de modo que acompanham o bem, assegurando-se a possibilidade de regresso contra quem tenha usufruído os serviços prestados pelo condomínio.
(TJ/PR-Ag. Regimental n. 865244-6/01 -Curitiba - 8a. Câm. Cív. -Ac. unânime - Rei.: Des. João Domingos Kuster Puppi - Fonte: DJ, 20.03.2012).
Page 68
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