Understanding Enforcement of Obligations in Legal Proceedings

Posted on Mar 18, 2025 in Law & Jurisprudence

Understanding Enforcement of Obligations

Settlement by arbitration takes place whenever there is a need to plead evidence and prove a new fact. In such cases, the presence of an expert appointed by the judge is imperative. (Art. 475E)

Key Aspects of Enforcement Proceedings

  • Denunciation of enforcement proceedings applies in cases of endorsers and exchange securities endorsees.
  • The execution must be specified, allowing the creditor to know precisely what they would receive if the obligation were fulfilled by the debtor personally. It does not admit, therefore, the replacement with the equivalent provision of money (damages).
  • A contract to open an account credit is enforceable, provided that it is accompanied by a statement of account.
  • To promote implementation, the lender must submit its enforcement, which can be either judicial or extrajudicial. The court order could come from a foreign country, provided that it is approved by the Supreme Court of Justice (SCJ). However, the procedures may not originate from Brazil.
  • The enforcement order authorizes the enforcement action. The title should be liquid, certain, and required, on pain of invalidity of the enforcement action.
  • In the judicial enforcement of a personal obligation to do, if the obligation is not fulfilled by the debtor, it will be converted into damages, following the requirement to recover.
  • Sometimes, the liquidation of the sentence occurs through articles when it is necessary to allege or prove a new fact to determine the value of the conviction.
  • The new debtor, who assumed the obligation arising out of enforcement with the consent of the creditor, is subject to the action of running.
  • An enforceable title allows the creditor to proceed with the process of running the criminal sentence, even pending appeal.
  • According to the understanding of the Superior Court of Justice (STJ), the Fine (Art. 475-J of the CPC) focuses on cases of breaches of the obligation within 15 days of *res judicata* of the conviction.
  • The implementation process is designed to effectively meet a practical, concrete, real obligation now recognized by a court decision or by law.
  • All executive titles, whether judicial or otherwise, must be prescribed by law.
  • The estate, heirs, and successors are entitled to judge how much is active to proceed to the execution.
  • The confession of a debt instrument, although originally from a contract of credit, constitutes an extrajudicial execution.
  • According to civil procedural law, the implementation process applies the principle of the least possible sacrifice to run.
  • The debtor is liable for the fulfillment of their obligations, with all their present *and future* goods.
  • When it is required to make an infungible provision, if the debtor fails to comply or oppose embargoes that will run with suspensive effect, the creditor is *not* allowed to require a third party to perform at the expense of the running.
  • Since this is not required to make provision backed by fungible securities, extrajudicial execution is judging the imposition of astriente *acceptable*.
  • Fraud is the act of implementing the transfer of a good done during the process when such an act will reduce the debtor to insolvency.