- Início
- Livros E Revistas
- Condomínio Edilício. Questões Relevantes. A (difícil) Convivência Condominial
Serviço de manutenção. Cobrança
Autor | Fábio Hanada - Andréa Ranieri Hanada |
Páginas | 308-308 |
Page 308
1. O condomínio, e não o condômino isoladamente, é parte legítima para figurar no polo passivo de ação de cobrança propos-ta por prestador de serviço.
Oportuna aqui a decisão proferida pela Egrégia 19ª Câmara Cível do Colendo Tribunal de Justiça do Estado do Rio Grande do Sul: "Havendo o autor apelante confessado na inicial haver prestado serviço de manutenção ao Condomínio do Edifício A. S. desde o ano de 1988, não está, a condômina demandada, obrigada a responder pelo débito referente ao preço do serviço prestado. Não obstante os condôminos estejam obrigados a contribuir para o pagamento das despesas condominiais, na proporção de suas frações ideais, a ação deve ser proposta contra o condomínio, ainda que este não esteja regularmente instituído, e que a instituição não se encontre transcrita no registro imobiliário. Ademais, não se mostra possível a distribuições da responsabilidade condominial de cada condômino sem que se tenha presente a fração ideal da área privativa que lhe pertence, e em razão da qual deve ser calculado o débito distribuído entre todos. Somente poder-se-ia admitir a legitimidade da condômino se, em face de prova inequívoca, a dívida tivesse sido contraída diretamente por ela, nos termos do...
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