Imobiliário
| Páginas | 36-37 |
Page 36
Cobrança - Rateio de condomínio - Ilegitimidade passiva do proprietário compromitente-vendedor - Apelo improvido. O proprietário compromitente vendedor é parte ilegítima para figurar no pólo passivo da relação processual pretendida em sede de cobrança de rateio de condomínio, considerando a orientação jurisprudencial oriunda da Terceira e Quarta Turmas e da Segunda Seção do Superior Tribunal de Justiça é no sentido de que: a cobrança de cotas condominiais deve recair sobre o promitentecomprador da unidade adquirida em condomínio, sendo irrelevante o fato da escritura de compra e venda não estar registrada no Cartório de Imóveis. (TJ/MS - Ap. Cível n. 2001.002849-5 - Campo Grande - Ac. unân. - 4a. T. Cív. - j. em 14.09.2004 - Rel: Des. Elpídio Helvécio Chaves Martins - Fonte: DJMS, 30.09.2004).
Despejo - Falta de pagamento - Cumulação com cobrança de aluguéis - Responsabilidade do locatárioSubsistência até a imissão na posse - Notícia unilateral da desocupação do imóvel - Entrega das chaves sem a transmissão efetiva da posse ao locador -Reconhecimento. O simples depósito das chaves não desonera o inquilino. Somente a restituição da posse direta, ou disponibilização concreta e efetiva do imóvel, faz cessar a sua responsabilidade. (2º TACív./SP - Ap. s/ Rev. n. 729.373-00/9 - 8a. Câm. Cív. - Rel: Juiz Walter Zeni - Fonte: DOESP, 01.10.2004).
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Direito de vizinhança - Nunciação de obra novaReconvenção - Conexão entre os fundamentos da ação principal e...
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