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Date: March 20, 2019
Posted by: CPDMA Team

STJ sets statute of limitations for breach of contract

The Special Court of the Superior Court of Justice began to analyze, this Wednesday (20/3), a case on the statute of limitations for civil reparation claims based on contractual default. The trial was suspended after a request from Minister Félix Fischer to see it.

In the case, the ministers analyze an action as a result of unilateral termination of contract involving Ford. The 3rd class recognized the three-year statute of limitations for claims for damages based on torts of contract.

General rule

The rapporteur, Minister Benedito Gonçalves, recalled that the Civil Code of 2002 adopted as a general rule the option of, in general, reducing the deadlines for exercising the right. It is a directive undoubtedly adopted by the legislator. "CC/02 established different statute of limitations for different claims, regardless of whether one of the grounds for this claim is the same", he explained.

According to the rapporteur, in order to demand compliance with an illiquid contractual provision, the term is ten years. “To demand compensation for damage, three years. To demand interest, also three years. Legal precepts cannot be considered unconstitutional, as they do not set unreasonable deadlines. Thus, the statute of limitations for exercising the claim for civil reparation, whether arising from a non-contractual or contractual relationship, is triennial,” he said.

Source: Gabriela Coelho via Conjur.

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