Post by account_disabled on Mar 6, 2024 4:22:12 GMT
Annual capitalization of interest on credit card contracts is possible. The understanding, now pacified in the Superior Court of Justice, is from the nd Section of the court. With this, the right of a bank operating in Rio Grande do Sul to charge the accumulation against a client who questioned the annual interest capitalization in court was recognized. The ministers considered the credit card a type of current account in which there may be a net balance subject to interest being charged on interest. The vote of the rapporteur, Minister Nancy Andrighi, was followed by the majority of the Section's ministers.
The case reached the collegiate through a Motion for Divergence in which the bank stated that there were different understandings on the same topic being applied by the rd and the Panel Iraq Telegram Number Data of the STJ, specialized in Private Law. The bank appealed to the STJ against the decision of the Rio Grande do Sul Court of Justice that considered the capitalization of interest illegal. The th Panel, following the vote of Minister Aldir Passarinho Júnior, maintained the state court's interpretation. For the minister, in credit card contracts, even if express, capitalization would be prohibited. Article of Decree ,/ prohibits the counting of interest on interest, but emphasizes that the prohibition does not include the accumulation of accrued interest on net balances in the current account from year to year.
Knowing the decisions of the rd Panel along these lines, the bank presented the new appeal, now to the nd Section. The ministers confirmed that the capitalization of interest on an annual basis is appropriate, including in credit card contracts. Only minister Aldir Passarinho Júnior spoke out for the prohibition of capitalization. The preparation and publication, among other statements, of the balance sheet in accordance with international standards. Furthermore, the legislation equated large companies with joint-stock companies (S/As) for bookkeeping purposes, meaning companies with total assets exceeding R$ million or annual gross revenue of R$ million.
The case reached the collegiate through a Motion for Divergence in which the bank stated that there were different understandings on the same topic being applied by the rd and the Panel Iraq Telegram Number Data of the STJ, specialized in Private Law. The bank appealed to the STJ against the decision of the Rio Grande do Sul Court of Justice that considered the capitalization of interest illegal. The th Panel, following the vote of Minister Aldir Passarinho Júnior, maintained the state court's interpretation. For the minister, in credit card contracts, even if express, capitalization would be prohibited. Article of Decree ,/ prohibits the counting of interest on interest, but emphasizes that the prohibition does not include the accumulation of accrued interest on net balances in the current account from year to year.
Knowing the decisions of the rd Panel along these lines, the bank presented the new appeal, now to the nd Section. The ministers confirmed that the capitalization of interest on an annual basis is appropriate, including in credit card contracts. Only minister Aldir Passarinho Júnior spoke out for the prohibition of capitalization. The preparation and publication, among other statements, of the balance sheet in accordance with international standards. Furthermore, the legislation equated large companies with joint-stock companies (S/As) for bookkeeping purposes, meaning companies with total assets exceeding R$ million or annual gross revenue of R$ million.