Civil e Comercial
Autor | Fernando Wolff Bodziak |
Páginas | 63-64 |
Page 63
Junta comercial. Exigência de regularidade fiscal estadual para registro de atos constitutivos e suas respectivas alterações. Ilegalidade. LA exigência de certidão de regularidade fiscal estadual para o registro de alteração contratual perante a Junta Comercial não está prevista na lei de regência (Lei n. 8.934/1994), nem no decreto federal que a regulamentou (Decreto n. 1.800/1996), mas em decreto estadual, razão pela qual se mostra ilegítima. 2. Recurso especial conhecido, mas não provido. (STJ - Rec. Especial n. 724015/PE - 4a. T. - Ac. unânime - Rei.: Min. António Carlos Ferreira -Fonte: DJe, 21.05.2012).
Civil. Bancário. Recurso especial. Ação de revisão contratual. Capitalização de juros. Contratação expressa. Necessidade de previsão. Descaracterização da mora. 1. A contratação expressa da capitalização de juros deve ser clara, precisa e ostensiva, não podendo ser deduzida da mera divergência entre a taxa de juros anual e o duodécuplo da taxa de juros mensal. 2. Reconhecida a abu-sividade dos encargos exigidos no período de normalidade contratual, descaracteriza-se a mora. 3. Recurso especial não provido. (STJ - Rec. Especial n. 1302738/SC - 3a. T. - Ac. unânime - Rei.: Min. Nancy Andrighi -Fonte: DJe, 10.05.2012).
Indenizatória por danos morais. Banco. Envio de propaganda massi-va e insistente de oferta de serviços não solicitados, via correspondência e telemarketing, sempre destinados ao filho do casal de autores, jovem há anos falecido. Prática comercial...
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