Post by account_disabled on Mar 13, 2024 5:38:49 GMT
The economic crisis caused by the new coronavirus affects everyone. Therefore, the isolation measures, in themselves, do not justify the reduction of the amount paid in rent, unless it is demonstrated that the contractual relationship is excessively onerous for one of the parties.
The understanding comes from Judge Jones Gattass Dias, from the 6th Civil Court of Cuiabá (MT). He rejected the request made by Comércio Amazônia de Petróleo against BR Distribuidora. The author requested a 50% reduction in the rent.
"It cannot be ignored, after all, that the B2B Lead effects of the Covid-19 pandemic are felt by everyone, as they imply a global financial crisis, so that, just as they affect gas stations, they also affect distribution companies, such as, in fact, , argues the defendant by highlighting the loss in the distribution of fuels in the aviation market on a scale of reduction of 50% and in the resale of fuels to gas stations", says the decision, handed down on August 6.
The judge also highlighted that isolation is being eased little by little. Thus, the tendency is for more vehicles to return to circulation, boosting the economy.
"It is worth noting that this situation initially seen on the streets has been substantially modified, with it now being possible to identify a considerable increase in the movement of vehicles and people due to the gradual and even irresponsible reopening of essential and non-essential commercial supplies, in a dispute over ideological political content , recorded between economic reasons, on the one hand, and humanitarian reasons, on the other, which everyone watches, with distress", continues the judge.
Exclusivity
This is the judge's second decision rejecting Comercial Amazônia de Petróleo's claim. In April, the chain requested permission to break its exclusive contract with BR Distribuidora due to the epidemic.
For the judge, article 317 of the Code of Civil Procedure, which provides for the correction of a certain payment due to unpredictable reasons, can only be applied to a specific payment.
Article 478, in turn, presupposes excessive onerousness between the parties, so that one of them ends up having advantages to the detriment of the other, which, for him, did not occur in the case at hand.
"We are not faced here with a situation in which the requested party is at an extreme advantage over the applicant, since it is not alleged in the initial petition that any contractual provision has been modified, so that maintaining the granting of the measure ends up implying " in contractual imbalance, he states.
In a statement, BR Distribuidora stated that "all initiatives taken to face the crisis are essential to maintain the economic and financial balance of both parties so that everyone can emerge from this critical moment together." "The company reiterates that it has always made itself available to its commercial partners to, through reciprocal concessions, find equitable solutions that do not impose all costs on just one of the parties to the contract, thus maintaining the legal security of relationships in course," he said.