Post by messi05 on Jan 23, 2024 23:21:59 GMT -12
The 2nd Section of the Superior Court of Justice will define the limitation period for claims involving the interests of the insured and the insurer in an insurance contract. The collegiate will judge an incident of assumption of competence (IAC) related to the topic. In accordance with article 947, paragraph 4, of the 2015 Code of Civil Procedure, the IAC is intended, among other purposes, to prevent divergence between fractional bodies of the court, in judgments on a relevant question of law, with great social and without repetition in multiple processes.
The rapporteur, minister Luis Felipe Salomão, proposed the Buy Phone Number List allocation of a special appeal from the 4th Panel to define whether the annual limitation period applies to all claims involving the insured and the insurer, not just in compensation actions and regardless of the legal institute conferred in the petition initial. “The doctrine emphasizes that the objective of assuming jurisdiction is to ensure a uniform solution on relevant legal issues, with great social repercussions. The incident aims, primarily, following the ratio of the new Code of Civil Procedure, to simplify procedural requirements, providing a greater degree of organicity to the system, with the aim of prioritizing legal certainty”, said the minister.
Once the affectation is accepted, the appeal goes to the Public Prosecutor's Office for an opinion, and subsequently the trial is based on establishing the thesis. The decision will serve as an application precedent for all ministers and fractional bodies of the court. Article 988, IV, of the new CPC, authorizes the use of complaints to ensure the application of the legal thesis defined in the rulings handed down in an IAC trial. Based on the elements added to the case file, the Santa Catarina court concluded that the automaker was responsible for the damaging event and the consequences caused to the plaintiff. “The fact that an air bag is used as an inherently dangerous safety mechanism does not authorize vehicle manufacturers to exempt themselves from responsibility for compensating for damages outside the normality of 'use and the risks reasonably expected from it' (article 12, paragraph 1).
The rapporteur, minister Luis Felipe Salomão, proposed the Buy Phone Number List allocation of a special appeal from the 4th Panel to define whether the annual limitation period applies to all claims involving the insured and the insurer, not just in compensation actions and regardless of the legal institute conferred in the petition initial. “The doctrine emphasizes that the objective of assuming jurisdiction is to ensure a uniform solution on relevant legal issues, with great social repercussions. The incident aims, primarily, following the ratio of the new Code of Civil Procedure, to simplify procedural requirements, providing a greater degree of organicity to the system, with the aim of prioritizing legal certainty”, said the minister.
Once the affectation is accepted, the appeal goes to the Public Prosecutor's Office for an opinion, and subsequently the trial is based on establishing the thesis. The decision will serve as an application precedent for all ministers and fractional bodies of the court. Article 988, IV, of the new CPC, authorizes the use of complaints to ensure the application of the legal thesis defined in the rulings handed down in an IAC trial. Based on the elements added to the case file, the Santa Catarina court concluded that the automaker was responsible for the damaging event and the consequences caused to the plaintiff. “The fact that an air bag is used as an inherently dangerous safety mechanism does not authorize vehicle manufacturers to exempt themselves from responsibility for compensating for damages outside the normality of 'use and the risks reasonably expected from it' (article 12, paragraph 1).