Imobiliário
| Páginas | 40-41 |
Page 40
Cobrança. Locação. Reparos de desocupação. Pintura. Aluguéis. Revelia. I. Revelia afastada em face dos documentos acostados aos autos, que demonstram ser o preposto sócio da empresa. II. Tendo sido utilizada tinta desconforme com a boa técnica para a pintura da sala comercial decorrente da desocupação do imóvel, eis que gera descascamento da cobertura, devida a indenização pelo valor do orçamento de reparo. III. Aluguel do período em que a sala ficou sem ser alugada, em face da necessidade de nova pintura, não pode ser cobrado da ré, uma vez decorrente da demora do próprio autor em procurar a imobiliária, mesmo sabendo que a sala estava desocupada. Recurso parcialmente provido. Unânime. (TJ/RS - Rec. Cível n. 71000546101 - Comarca de Sapiranga - 1a. T. Recursal Cível - Ac. unân. - Rel: Des. João Pedro Cavalli Júnior - j. em 22.12.2005 - Fonte: DJRS, 05.01.2006).
Direito civil e processual civil. Recurso especial. Embargos de declaração. Ausência de omissão. Contratos de compra e venda de imóvel. Condomínio. Ação declaratória de inexistência de relação negocial. Reexame de provas. Interpretação de cláusulas contratuais. - Rejeitam-se os embargos de declaração quando ausente omissão a ser sanada. - Não se conhece do recurso especial quando o debate exige reexame do conteúdo fático-probatório do processo e interpretação de cláusulas contratuais. Recurso especial não conhecido. (STJ - Rec. Especial n....
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