Post by account_disabled on Mar 11, 2024 4:06:49 GMT -5
The rule in article item III, of the Civil Code, does not apply to them; transforming into capital, they follow, in terms of prescription, its legal regime. Regulatory appeal granted. (AgRg no REsp / SP, Rapporteur Minister ARI PARGENDLER, Third Panel, DJ ). CIVIL. CONTRACT. SAVINGS. BRESSER PLAN AND SUMMER PLAN. PRESCRIPTION. VINTENARY. The remunerative interest on a savings account, levied monthly and capitalized, is added to the capital, as is the monetary correction, thus losing the nature of accessories, leading to the conclusion, as a result, that the prescription is not that of five years, provided for in art. , § , III, of the Civil Code of , but twenty years. Precedents. Regulatory appeal not granted. (AgRg no Ag / SP; Minister FERNANDO GONÇALVES; FOURTH PANEL; DJ ). Therefore, I reject the preliminary argument on the merits.
Now I face the merit itself. Of merit: Bresser, Verão, Collor I and Collor II Plans At the outset, it is important to highlight that savers have the acquired right to the indices previously stipulated Phone Number List at the beginning of the acquisition period, in view of the provisions of art. th, inc. of CF/ Therefore, any changes to the savings account correction criteria cannot be applied retroactively. In that regard: ECONOMIC LAW. SAVINGS ACCOUNT. CHANGE OF UPDATE CRITERIA. JANUARY/ VESTED RIGHT. PUBLIC ORDER STANDARD. COLLECTIVE INTEREST. RESOURCE DISCLAIMED. I – Once a savings account has been started or renewed, a subsequent rule that changes the correction index applicable to such type of investment cannot be retroactive to achieve it. Having immediate effect and providing for the future, it does not affect legal situations already constituted.
The updating criteria established when opening or automatically renewing savings accounts, to be in force during the following monthly period, becomes, from then on, the saver's acquired right. (REsp no. --RJ, Fourth Panel, Rel. Minister Sálvio de Figueiredo, judged //) The body of the ruling reads: “… Once a savings account has been started or renewed, a subsequent rule that changes the correction index applicable to such type of investment cannot be retroactive to achieve it. Having immediate effect and providing for the future, it does not affect legal situations already constituted. The updating criteria established when opening or automatically renewing savings accounts, to be in force during the following monthly period, becomes, from then on, the saver's acquired right.” That said, I will now examine the claimed monetary correction rates.
Now I face the merit itself. Of merit: Bresser, Verão, Collor I and Collor II Plans At the outset, it is important to highlight that savers have the acquired right to the indices previously stipulated Phone Number List at the beginning of the acquisition period, in view of the provisions of art. th, inc. of CF/ Therefore, any changes to the savings account correction criteria cannot be applied retroactively. In that regard: ECONOMIC LAW. SAVINGS ACCOUNT. CHANGE OF UPDATE CRITERIA. JANUARY/ VESTED RIGHT. PUBLIC ORDER STANDARD. COLLECTIVE INTEREST. RESOURCE DISCLAIMED. I – Once a savings account has been started or renewed, a subsequent rule that changes the correction index applicable to such type of investment cannot be retroactive to achieve it. Having immediate effect and providing for the future, it does not affect legal situations already constituted.
The updating criteria established when opening or automatically renewing savings accounts, to be in force during the following monthly period, becomes, from then on, the saver's acquired right. (REsp no. --RJ, Fourth Panel, Rel. Minister Sálvio de Figueiredo, judged //) The body of the ruling reads: “… Once a savings account has been started or renewed, a subsequent rule that changes the correction index applicable to such type of investment cannot be retroactive to achieve it. Having immediate effect and providing for the future, it does not affect legal situations already constituted. The updating criteria established when opening or automatically renewing savings accounts, to be in force during the following monthly period, becomes, from then on, the saver's acquired right.” That said, I will now examine the claimed monetary correction rates.