Post by account_disabled on Mar 11, 2024 22:29:09 GMT -5
There is no legal prohibition on the use of the IGP-M, widely used in contracts and constituting an official index, when regularly contracted by the parties.
reproduction
Reproduction Monetary correction by IGP-M can be applied to late monthly payments, says TJ-SP
With this understanding, the 18th Chamber Portugal Mobile Number List of Private Law of the Court of Justice of São Paulo sentenced a defaulting student to pay a university the amount of late fees, totaling R$ 17,600, with monetary correction according to the General Market Price Index (IGP-M), default interest of 1% per month and contractual fine of 2%.
The first instance court, upon deeming the educational institution's request for collection valid, ruled out the monetary adjustment based on the IGP-M. The university turned to TJ-SP in search of applying the index. By majority vote, in an extended trial, the appeal was granted.
The rapporteur, judge Helio Faria, highlighted that the contract signed between the university and the student provided for the application of the IGP-M in case of default. According to him, there is no legal impediment to adopting the IGP-M for monetary correction.
"Through the contract, the appellant was obliged to provide educational services, while the defendant was committed to paying school fees, with the agreement that, in the event of late payment, the amount due would be 'increased by 2% of fine, monetarily adjusted according to the IGP-M/FGV variation index, and the total plus late payment interest at the rate of 1% per month, until the day of actual payment” (clause 6.1)", he said.
Faria also cited precedents in which the TJ-SP validated monetary correction by the IGP-M in contracts for the provision of educational services. "In light of the above, the appeal is upheld so that the monetary correction index agreed between the parties, that is, the IGP-M/FGV, is applied", concluded the rapporteur.