Banco que retoma imóvel de inadimplente responde por dívida de condomínio

Por Conjur

Bancos que retomam imóveis de clientes inadimplentes passam a ser responsáveis pelas dívidas de condomínio. De acordo com decisão da 32ª Câmara de Direito Privado do Tribunal de Justiça de São Paulo, esse tipo de débito está ligado ao bem, e não ao comprador. A decisão foi de redirecionar uma execução de cobrança do comprador para o banco que tomou o imóvel por falta de pagamento das prestações.

Relator do recurso, o desembargador Caio Marcelo Mendes de Oliveira entendeu que o banco passa a ser responsável pelas dívidas do imóvel a partir do momento em que retoma a propriedade. Mesmo que as dívidas sejam anteriores à retomada.

Em longo voto, Caio Mendes explicou que as dívidas condominiais são ligadas ao imóvel (são de “natureza propter rem“, conforme escreveu no voto). Por isso, o titular é responsável por pagá-la mesmo que não tenha participado da parte de conhecimento. O banco pedia para ser excluído do processo de execução por não ter participado do processo principal.

“No campo das dívidas condominiais, o próprio imóvel representa a garantia da solvibilidade desses débitos. Dessa forma, eventual alteração na propriedade da res no transcurso da ação de cobrança (processo de conhecimento ou execução/cumprimento de sentença), não obriga o exequente a ajuizar nova demanda em face dos atuais proprietários”, disse o desembargador.

“O artigo 1.345 do Código Civil decidiu não onerar o condomínio, determinando a responsabilidade do adquirente em relação às despesas condominiais e multa acrescidos antes da compra do bem imóvel. Deve-se privilegiar, dessa forma, o interesse coletivo da comunidade de condôminos em não arcar com as despesas da unidade inadimplente”, completou.

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  96. Le explico que eso no es justo ( a todo esto las llamadas al servicio de reparación son a un , que me ha salido la broma por casi 25 euros, sin comentarios… ) que la lavadora nunca ha estado bien reparada y me dicen que lo siente mucho pero que la unica opción que tengo es volver a pagar el arreglo suscribir el seguro, nada más. Es seguro que, si no recibo una respuesta correcta a esta queja, nunca más volveré a comprar un electrodoméstico AEG ELECTROLUX. Llevamos desde el Jueves pasado( día 22 ), hace ahora 11 días, sin lavadora, con la ropa mojada y sin que el servicio técnico aparezca por aquí para solucionar el tema. El 1/10/13 pasa el técnico y dice que el tambor de la lavadora se ha de cambiar y solicitan el recambio.

  97. El Parlamento creó una comisión de investigación sobre las actividades del SREL con 13 diputados que han descubierto estupefactos en estos cuatro meses escuchas ilegales, topos, archivos desconocidos, intentos de enriquecimiento y un alud de irregularidades que amenazan con dinamitar este servicio secreto creado en 19 0. La parte central de nuestra investigación es determinar cuántos electrones libres había en el servicio”, dice François Bausch, uno de los parlamentarios del grupo Verde que ha metido la nariz en las alcantarillas del servicio secreto. El servicio mejorará después de esta crisis”, augura una fuente oficial del SREL.

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  100. The next time I read a blog, Hopefully it doesn’t disappoint me as much as this one. After all, I know it was my choice to read, but I really thought you would have something helpful to talk about. All I hear is a bunch of crying about something that you could fix if you weren’t too busy seeking attention.

  101. Por tipología de aparato, el electrodoméstico más demandado hasta la fecha ha sido la lavadora, con un total de 7. 8 solicitudes -47 por ciento-; seguida del frigorífico, con 4.302 -2 por ciento-; el lavavajillas, con 1.837 -11 por ciento-; el horno, con 1.0 0 -siete por ciento-, y el congelador con 41 -tres por ciento-. Disponemos del servicio tecnico más eficaz y económico de reparacion de lavadoras en la Comunidad de Madrid.

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  104. Teniendo en cuenta que en estos avisos solo contamos los realizados de la marca Aspes, incluyendo calderas, calentadores u otros tipos de electrodomésticos de esta fantastica marca. Y es que aunque no seamos el servicio técnico oficial de Aspes en Madrid, nos tomamos nuestra profesión con igual seriedad y profesionalidad para ofrecer el servicio igual que el oficial.

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  106. En la pequeña isla caribeña de San Bartolomé, que forma pare de las Antillas menores y pertenece al espacio transoceánico francés, el nuevo taller de la carpintería Gaylord Dessomme Ebenisterie d‘Art se equipó con máquinas del fabricante de Nürtingen.

  107. Mecanizado de piezas unitarias. Ahorro de costes por penalizaciones de clientes al garantizar la calidad del 100 de las piezas enviadas. Podemos ser la alternativa en piezas mecanizadas que en este momento buscas. La amplia versatilidad de nuestra maquinaría nos permite tener gran capacidad para la fabricación de piezas torneadas, pudiendo dar solución a cualquier trabajo de torneado.

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  109. Una es la democrática y popular con la que la insurgencia busca en el Acuerdo general de La Habana, salidas y escenarios de cambios profundos en la sociedad feudal, atrasada, elitista y excluyente de las oligarquías. Explica el responsable de esta empresa que ahora suelen ser pequeños compradores que tienen un local y desean instalar una máquina en sus negocios como un complemento más.

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