Post by xyz3400 on Feb 19, 2024 22:33:28 GMT -8
Judge Carlos Ferreira, of the 2nd Civil Court of Serra, in Espírito Santo, extinguished, without a resolution on the merits, a fine execution process because he considered that the complainant did not offer sufficient evidence in favor of her demand. reproduction Case involves cooking gas supplier Reproduction The plaintiff, who supplies cooking gas, claims that a company that sells its products broke the exclusivity contract signed between the parties. According to the complainant, the contract was unilaterally terminated by the defendant, who began to sell competitive products. However, according to the magistrate who judged the case, no evidence was presented to justify the payment of a fine for breach of contract.
The present execution is based on an allegation of non-compliance, by the defendant, with an obligation provided for in the contract, however, without any proof regarding this fact, which therefore makes the procedural means now involved inappropriate, since it is not envisaged, in the obligation raised, the certainty essential to extrajudicial executive titles, under the terms of 783 of the CPC”, states the decision. Also according to Honduras Mobile Number List the decision, “the penalty in the case reflects an obligation that depends on proof of non-compliance with the contract by the defendant, a controversial issue that requires an exhaustive analysis of the knowledge process, in order to make the chosen procedural route inadequate and, therefore, null and void.the present execution, since there is no title capable of supporting it”, continues the magistrate.
For David Metzker , responsible for the defense of the executed company, it is not possible to start the process of charging a fine for breach of contract without evidentiary material proving that there was an infraction. “We understand that, first, the knowledge action should begin, in order to verify whether or not there was non-compliance and, only after that, begin enforcement”, says Metzker.It should be noted that, in both modalities (CIP and CIF), Incoterms maintained, among other requirements, the requirement that insurance cover at least 110% of the price of the merchandise. Reinforcement of the specification of obligations linked to security Incoterms 2020 introduced several obligations of adequacy and/or information and/or cooperation of one or both parties in relation to security issues, especially those linked to transport or process formalities of goods clearance.
The present execution is based on an allegation of non-compliance, by the defendant, with an obligation provided for in the contract, however, without any proof regarding this fact, which therefore makes the procedural means now involved inappropriate, since it is not envisaged, in the obligation raised, the certainty essential to extrajudicial executive titles, under the terms of 783 of the CPC”, states the decision. Also according to Honduras Mobile Number List the decision, “the penalty in the case reflects an obligation that depends on proof of non-compliance with the contract by the defendant, a controversial issue that requires an exhaustive analysis of the knowledge process, in order to make the chosen procedural route inadequate and, therefore, null and void.the present execution, since there is no title capable of supporting it”, continues the magistrate.
For David Metzker , responsible for the defense of the executed company, it is not possible to start the process of charging a fine for breach of contract without evidentiary material proving that there was an infraction. “We understand that, first, the knowledge action should begin, in order to verify whether or not there was non-compliance and, only after that, begin enforcement”, says Metzker.It should be noted that, in both modalities (CIP and CIF), Incoterms maintained, among other requirements, the requirement that insurance cover at least 110% of the price of the merchandise. Reinforcement of the specification of obligations linked to security Incoterms 2020 introduced several obligations of adequacy and/or information and/or cooperation of one or both parties in relation to security issues, especially those linked to transport or process formalities of goods clearance.