Post by account_disabled on Jan 30, 2024 1:17:35 GMT -10
Intending to guarantee responsible credit practices, safeguarding the existential minimum, through debt agreement and renegotiation. However, contrary to the protective coherence of the proposed law, it is highlighted, regarding over-indebtedness, that paragraph 4 of article 37 does not presume that advertising takes advantage of the child's deficiency in judgment and experience. Initially, there is no reason for this paragraph, as it adds nothing to the topic in vogue; secondly, because it demonstrates total dissonance with the protection of hypervulnerable people and with studies and research that deal with the subject [1] , which could be seen as a legislative setback.
Continuing the analysis of the bill, the changes it Buy Phone Number List foresees in the clauses that will be considered abusive allude to the undue limitation of access for consumers to the bodies of the Judiciary in consumer contracts; that report waiving the unseizability of the consumer's or guarantor's family property , except those already existing in specific law; that establish grace periods in the event of unpunctual monthly installments or prevent the full restoration of the consumer's rights and their means of payment after the expiry of the delay or the agreement with creditors ; and that provide for the application of foreign laws that limit, totally or partially, the protection guaranteed by this code to consumers domiciled in Brazil.
Regarding the prevention and treatment of over-indebtedness, article 54-A expressly brings the concept of over-indebtedness, preserving the individual in good faith, refuting citizens who attempt to validate fraud or illicit acts within the protection provided for in the aforementioned project. The same situation occurs with heirs of deceased consortium members. As a rule, once the quota has been paid, the heirs' request phase begins for the credit to be released. However, what happened was only the settlement of the contract, in advance, which does not mean that the consortium member (or the deceased's heirs) becomes entitled to receive the consortium credit, which will only be released at the time of contemplation of the quota, all in accordance with legislation and signed contract.
Continuing the analysis of the bill, the changes it Buy Phone Number List foresees in the clauses that will be considered abusive allude to the undue limitation of access for consumers to the bodies of the Judiciary in consumer contracts; that report waiving the unseizability of the consumer's or guarantor's family property , except those already existing in specific law; that establish grace periods in the event of unpunctual monthly installments or prevent the full restoration of the consumer's rights and their means of payment after the expiry of the delay or the agreement with creditors ; and that provide for the application of foreign laws that limit, totally or partially, the protection guaranteed by this code to consumers domiciled in Brazil.
Regarding the prevention and treatment of over-indebtedness, article 54-A expressly brings the concept of over-indebtedness, preserving the individual in good faith, refuting citizens who attempt to validate fraud or illicit acts within the protection provided for in the aforementioned project. The same situation occurs with heirs of deceased consortium members. As a rule, once the quota has been paid, the heirs' request phase begins for the credit to be released. However, what happened was only the settlement of the contract, in advance, which does not mean that the consortium member (or the deceased's heirs) becomes entitled to receive the consortium credit, which will only be released at the time of contemplation of the quota, all in accordance with legislation and signed contract.