Imobiliário
Páginas | 37 |
Page 37
Direito civil e processual civil. Ação de despejo cumulada com cobrança. Ilegitimidade passiva dos fiadores, ante a extinção da garantia fidejussória, pelo decurso do prazo contratual. Prorrogação da fiança, sem anuência dos garantes. Impossibilidade. Apelo a que se nega provimento. Os fiadores não respondem pelas obrigações futuras advindas de prorrogação contratual a que não anuíram. (TA/PR - Ap. Cível n. 0249557-6Comarca de Curitiba - Ac. 18902 - unân. - 1a. Câm. Cív. - Rel: Juiz Leonel Cunha - j. em 27.04.2004 - Fonte: DJPR, 07.05.2004).
Condomínio - Despesas condominiais - Cobrança - Legitimidade passiva - Proprietário - Promessa de compra e venda não registrada - Ciência do CondomínioInocorrência - Reconhecimento. Ação de cobrança de Page 38 débitos que vem desde 05.05.01. Inocorrência de cerceamento de defesa. A obrigação em foco apresenta caráter propter rem, sendo o réu proprietário, por herança. Compra e venda não registrada perante o Cartório Imobiliário, nem comunicada oportunamente ao Condomínio. O débito, em momento algum foi contestado e, tampouco, negado. (2º TACív./SP - Ap. s/ Rev. n. 811.760-00/5 - 3a. Câm. Cív. - Rel: Juiz Campos Petroni - j. em 30.03.2004 - Fonte: DOESP, 03.09.2004).
Direito imobiliário. Recurso especial. Ação de conhecimento sob o rito ordinário. Construção e incorporação. Contrato de financiamento para a construção de imóvel (prédio com unidades autônomas). Recursos...
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