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Provided; the reduction in working hours was not only authorized by law, but was also imposed due to health measures to combat the new coronavirus; only extracurricular classes were made unfeasible; the failure to provide the service, in its entirety, occurred outside the school's activities, as it was prevented from providing services in person. "In this context, I think that, although the services were not provided as contracted, there is no talk of a failure in the duty to provide information or an immoderate economic-financial imbalance for the consumer", stated the minister. Rent value In the judgment of REsp 1,984,277, the 4th Panel considered the judicial review of a non-residential lease contract to be appropriate, with a proportional reduction in the value of rents due to a supervening fact resulting from the Covid-19 epidemic. According to the process, a company sought to review the lease contract for a commercial space that operated as a coworking space , used for collaborative work by small companies. The plaintiff argued that, although the pandemic made it impossible to carry out her commercial activity, the rent payment was maintained by the landlord. In ordinary instances, the rent was reduced by 50%.
To the STJ, the landlord claimed that the effects of the pandemic affected both parties, therefore, it would not be justified to review the contract for the benefit of the tenant. Minister Luis Felipe Salomão, rapporteur of the appeal at the higher court, stressed that, although it is not disputed that the pandemic has generated negative effects for both parties in the lease, in the case under debate, the review of the contract through the proportional and temporary reduction of the The value of rents is a necessary measure to ensure the reestablishment of economic and financial balance between the parties. "The lessee, who was deprived of th Special Phone Number Data e exercise of her activities for a specified period, remained obliged to comply with the consideration for the use of the property at the full and originally agreed value, when the circumstances were drastically changed, which, even if they were known at the time of contracting, could lead to the establishment of other values or even non-contracting - a situation that involves, in my opinion, intervention in the contract so that the economic and financial elements of the parties are reestablished so that they adapt to the new conditions ", explained Solomon.
The rapporteur also commented that the lessor's claim that the risks could not be borne by him is not compatible with the principles of objective good faith and the social function of the contract, especially in the economic and social situation that was plaguing the entire country. at the time of the facts. Max devaluation of the exchange rate In the case of a parity contractual relationship — which is not governed by the rules of consumer law — the max devaluation of the real that occurred in January 1999 does not authorize the application of the theory of unpredictability or the theory of excessive onerousness to promote the review of an indexation clause to the US dollar. This was what the 3rd Panel decided when judging REsp 1,321,614, filed by a doctor who purchased, for US$82,000, an imported ultrasound equipment. Faced with the devaluation of the real, he requested the application of the theory of unpredictability so that the contractual clauses could be revised.
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