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Ação de despejo cumulada com cobrança de aluguéis e acessórios locatícios - Fiança - Impugnação da assinatura - Documento particular - Ônus da parte que apresenta o documento - Multa moratória - Redução - InjustificávelInaplicabilidade do Código de Defesa do ConsumidorEquilíbrio contratual - Princípio do pacta sunt servanda. De acordo com o art. 388, inciso I e 389, inciso II, ambos do CPC, o ônus da prova quando se trata de contestação de assinatura aposta em documento particular pertence a quem produziu o documento, in casu, o contrato de locação. A multa moratória de 10% (dez por cento), fixada em contrato de locação, para as hipóteses de impontualidade do locador no pagamento dos encargos locatícios encontra-se viável, mormente quando se sabe que não se aplica às relações locatícias o Código de Defesa do Consumidor, razão pela qual deve-se preservar o percentual previamente pactuado pelas partes, face à inexistência de desequilíbrio a embasar o pleito de redução. (TJ/MG - Ap. Cível n. 2.0000.00.499547- 9/000 - Comarca de Belo Horizonte - 13a. Câm. Cív. - Ac. unân. - Rel.: Des. Fabio Maia Viani - j. em 03.05.2007Fonte: DJMG, 25.05.2007).
Adjudicação compulsória. Compromisso de compra e venda de imóvel. Quitação. Indisponibilidade dos bens da empresa. Finalidade. Sentença mantida. Restando incontroversas a quitação do imóvel pela apelada e a não entrega e transferência do mesmo pelo apelante, reconhece-se o direito da apelada de ver o bem compulsoriamente adjudicado. A constrição determinada pela Justiça Federal visa impedir tãosomente a alienação dos bens dos...
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