Imobiliário
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Page 41
Apelação - Ação cominatória - Obrigação de fazer - Convenção de condomínio - Exorbitação de direitosUso indevido da área comum - Deficiência probatóriaRecurso improvido. Verificando-se que não houve impedimento a qualquer das partes na produção ou manifestação acerca de determinada prova que considera relevante e imperativa no deslinde da demanda, não há que se falar em cerceamento de defesa. A ação cominatória objetiva alcançar judicialmente a satisfação de uma obrigação de fazer ou não fazer, assumida voluntariamente por ambas as partes contratantes, e inadimplida por uma delas. O art. 333, II, do CPC, estabelece que compete ao réu demonstrar a existência de fato impeditivo, modificativo ou extintivo do direito do autor. (TJ/MG - Ap. Cível n. 1.0024.05.861352-2/ 001 - Comarca de Belo Horizonte - 11a. Câm. Cív. - Ac. unân. - Rel.: Des. Marcelo Rodrigues - j. em 07.11.2007 - Fonte: DJMG, 01.12.2007).
Cobrança. Contrato de locação. Saldo de aluguéis e demais encargos. Incontroversa a celebração do contrato e o valor do aluguel pactuado, incumbe ao locatário a prova inequívoca do pagamento. Desatendimento ao disposto no art. 333, II, do CPC. Sentença confirmada pelos seus próprios fundamentos. Recurso desprovido. (TJ/RS - Rec. Cível n. 71001434745 - Comarca de Porto Alegre - 3a. T. Rec. Cív. - Ac. unân. - Rel.: Juiz Eugênio Facchini Neto - j. em 18.12.2007 -...
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