Civil - comercial
Autor | Des. Esdras Neves |
Páginas | 61-62 |
Page 61
Cautelar de produção antecipada de provas. Investigação de paternidade. Repetição de exame de DNA. Des-cabimento. 1. Descabe determinar a repetição do exame de DNA, em sede cautelar, quando o exame que foi realizado não apresenta qualquer vício, tendo atendido todas as normas técnicas recomendadas e a parte já recorreu da decisão que julgou procedente a ação negatória de paternidade, alegando erro no resultado do exame. Recurso desprovido.
(TJ/RS- Ap. Cível n. 70035971100- Caxias do Sul - 7a. Câm. Cív. - Dec. monocrática - Rei.: Des. Sérgio Fernando de Vasconcellos Chaves - Fonte: DJ, 08.04.2011).
Civil e processual. Recurso especial. Ação indenizatória por danos morais. Tribunal que condena a ré por entender que a existência de garantia para a satisfação do crédito obsta a inscrição do nome do devedor. Reforma. Responsabilidade pela comunicação prévia do registro. Órgão cadastral. Precedentes. Provimento do recurso. I. A simples existência de garantia da dívida e a possibilidade de o credor satisfazer o crédito com medidas executórias não suspendem o vencimento, nem afastam a inadimplência. II. Encontrando-se o devedor em mora, ainda que haja garantia do débito, possível é sua inscrição nos órgãos cadastrais. III. A responsabilidade pela comunicação prévia da inscrição do devedor é do órgão mantenedor do registro (Segunda Seção, REsp 1061134/RS, Rel. Min. Nancy Andri-ghi, DJe 01/04/2009). IV. Recurso especial provido para julgar improcedente a ação. (STJ - Rec. Especial n. 1.092.765/MT - 4a. T. - Ac.unânime- Rei.:Min.AldirPassarinho Júnior-...
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