Post by xyz3400 on Feb 20, 2024 2:12:03 GMT -5
Item III of article 557 of the Civil Code states that the donor may revoke the donation due to ingratitude if the donee has slandered or seriously injured him. Thus, the 18th Civil Chamber of the Court of Justice of Rio Grande do Sul confirmed the sentence that upheld the revocation action filed by a businessman who was the target of slander and serious accusations by his ex-wife after the divorce and the act of donating assets. According to statements taken by the 2nd Civil Court of the District of Cachoeira do Sul, the author was portrayed as a "scammer", "dirty", "thief", "swindler", "crazy", "indecent", "despicable", "bad character ", "stupid animal", "runaway", "coward", among other qualifications that are not very recommended for someone's morals. The offenses were directed personally at the author, made known to third parties and even expressed in email messages.
Disrespectful conduct Given the robust evidence brought to the file, judge Magali Wickert de Oliveira said that the disrespectful behavior of the donee – the recipient of the donations – was demonstrated after the dissolution of the marital union. In other words, the call to nimus injuriand i was clear, with a clear intention of degrading the donor's morals. ''In effect, the offenses perpetrated by the Honduras Mobile Number List defendant greatly exceed the possible belligerence between spouses, as they culminate in the imputation of crimes and serious offenses to the subjective honor of the author, constituting a typical act of ingratitude provided for in article 557. , III, of the CC, with the author's allegations being based on unequivocal evidence that authorizes the extreme measure of deconstitution of the donations'', he wrote in the ruling.
In addition to the grounds of the sentence, the rapporteur who denied the defendant's appeal to the TJ-RS, judge Pedro Celso Dal Prá, recorded that the offenses against the dignity and decorum of the author of the annulment action were directed when the divorce process was closed. Procedural remedies "On the other hand, the allegation that the appellant could not remain silent in the face of 'undue withdrawals', which would have occurred by the appellant in the company's accounts, does not have the desired relevance, or even that she would have acted in legitimate defense, since, if damage to the company's administration was actually caused by the author, the defendant had the procedural remedies provided for in current legislation, with a view to its reparation", he concluded in the ruling.
Disrespectful conduct Given the robust evidence brought to the file, judge Magali Wickert de Oliveira said that the disrespectful behavior of the donee – the recipient of the donations – was demonstrated after the dissolution of the marital union. In other words, the call to nimus injuriand i was clear, with a clear intention of degrading the donor's morals. ''In effect, the offenses perpetrated by the Honduras Mobile Number List defendant greatly exceed the possible belligerence between spouses, as they culminate in the imputation of crimes and serious offenses to the subjective honor of the author, constituting a typical act of ingratitude provided for in article 557. , III, of the CC, with the author's allegations being based on unequivocal evidence that authorizes the extreme measure of deconstitution of the donations'', he wrote in the ruling.
In addition to the grounds of the sentence, the rapporteur who denied the defendant's appeal to the TJ-RS, judge Pedro Celso Dal Prá, recorded that the offenses against the dignity and decorum of the author of the annulment action were directed when the divorce process was closed. Procedural remedies "On the other hand, the allegation that the appellant could not remain silent in the face of 'undue withdrawals', which would have occurred by the appellant in the company's accounts, does not have the desired relevance, or even that she would have acted in legitimate defense, since, if damage to the company's administration was actually caused by the author, the defendant had the procedural remedies provided for in current legislation, with a view to its reparation", he concluded in the ruling.