Post by account_disabled on Mar 13, 2024 8:50:37 GMT
Understanding that there was fraud in the execution, the Court of Justice of the Federal District canceled the donation of property made by the father to his minor son, made after the man was cited in an enforcement action due to lease debt.
123RF
TJ-DF canceled property donation made after debtor was cited in enforcement action 123RF
In the first instance, the judge considered the donation valid and canceled the seizure of the apartment.
Unsatisfied, the author of B2B Lead the execution action appealed, alleging that the donation was made after the summons with the aim of defrauding the execution.
When judging the appeal, the 6th Civil Panel of the TJ-DF recognized the fraud and reformed the sentence.
In the decision, the panel states that the donation was made after the summons in the enforcement action, and that this ended up resulting in the debtor's insolvency.
"As it is a free business between family members, mainly between a father and son, who are relatively incapable, there is sufficient evidence that the parties were imbued with bad faith at the time of the donation, trying to protect the assets to the detriment of the debtor, showing themselves to be It is impossible to consider the appellee as a bona fide third party", stated the rapporteur, judge Esdras Neves.
Therefore, the rapporteur concluded, once the debtor's inability to pay the executed debt has been proven, execution fraud remains. The decision was unanimous.
Lawyer in the case, Gustavo Penna Marinho , partner at Mattos Engelberg Advogados, highlighted the relevance of the decision. “The decision is important because it recognized malice and bad faith at the time of the donation, having as a direct consequence the removal of protection related to family assets and the recognition of the possibility of seizing the only property to pay the debt related to the contract rental."