TJ-MG revokes registration of protest against property alienation

exaggerated caution

TJ-MG revokes registration of protest against property alienation

September 4, 2022, 10:49 am

Per José Higidio

Without finding “demonstration of the effective dilapidation of the patrimony”, the 12th Civil Chamber of the Court of Justice of Minas Gerais reformed a decision that granted an injunction to register a protest against the alienation of a property.

Plaintiff sought to prevent alienation to ensure compliance with compensation actionNattawut Thammasak

The judicial protest against the alienation of an asset consists of a reservation on the assets of a debtor, in order to prevent him from transferring it and placing himself in a situation of insolvency. Thus, the rights of the creditor are protected.

A construction company filed a lawsuit against another to protest against the alienation of a property, with the objective of guaranteeing the fulfillment of an indemnity action. The Single Court of Extrema (MG) granted the registration.

The defense, made by the lawyer Wellington Ricardo Sabião, claimed that even a procedural relationship was not formed in the action seeking compensation — that is, there would be no certainty that the compensation would be due. In addition, the defendant’s insolvency and lack of equity to guarantee the eventual fulfillment of the obligation would not have been proven.

Judge Saldanha da Fonseca, rapporteur of the case at TJ-MG, noted that the plaintiff based her request on a “future and uncertain” conviction in the compensation action.

In addition, the documentation showed that the property was already disposed of before the filing of the indemnity action. Therefore, the magistrate considered it necessary “to preserve the legal security of business carried out by a third party in good faith”.

Click here to read the judgement
Process 1.0000.22.092096-1/001

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José Higídio is a reporter for the magazine Legal Adviser.

Magazine Legal AdviserSeptember 4, 2022, 10:49 am


The article is in Portuguese

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