Post by account_disabled on Mar 7, 2024 5:43:52 GMT -5
Two theses that concern the responsibility of banks in the collection of endorsed bills were defined by the nd Section of the Superior Court of Justice. In both cases judged, one party in common: Banco do Brasil. The decisions established theories related to the endorser's guilt in cases of mandate endorsement and translational endorsement.
In Civil Law, the transfer of credit rights to a third party or the simple authorization for a third party to charge on behalf of the creditor is called endorsement. It can be of two types: translation, by which someone transfers credit rights to a third party, and mandate, which only authorizes someone to receive credit in the name of the creditor.
In a repetitive appeal, the financial institution claimed BTC Number Data not to be responsible for the protest considered undue of the duplicate. In response to the argument, Minister Luis Felipe Salomão, accompanied by the other ministers, defined that "only the endorser who receives a credit title through endorsement-mandate and takes it to protest is liable for material and moral damages, if he exceeds the powers of agent or due to one's own culpable act, as in the case of noting after being aware of the previous payment or the lack of health of the cartouche".
The Section denied Banco do Brasil's appeal because the institution received an unaccepted duplicate without any proof of delivery of the goods or provision of services, but protested it anyway. The ministers understood that the title clearly did not present enforceability conditions, which would demonstrate the bank's negligent performance in its position as endorser-agent. The compensation owed to the alleged debtor was maintained at R$,, plus correction and interest.
The minister elaborated on the matter. According to him, the endorsement-mandate is a type of improper endorsement, a modality by which the endorser, that is, the creditor, entrusts the endorsee, or the bank, with the acts necessary to receive the amounts represented in the title, transferring to the latter only his exchange rights.
It is the endorsement provided for in article of the Geneva Uniform Law, which deals with promissory notes and bills of exchange, explained the minister. "Similar provision is found in article of the Check Law and article of the Civil Code of ", he added. In these cases, the bank does not act on its own behalf, but on the endorser's behalf. Thus, the debtor can raise personal objections against the endorser, but never against the endorsee.
In Civil Law, the transfer of credit rights to a third party or the simple authorization for a third party to charge on behalf of the creditor is called endorsement. It can be of two types: translation, by which someone transfers credit rights to a third party, and mandate, which only authorizes someone to receive credit in the name of the creditor.
In a repetitive appeal, the financial institution claimed BTC Number Data not to be responsible for the protest considered undue of the duplicate. In response to the argument, Minister Luis Felipe Salomão, accompanied by the other ministers, defined that "only the endorser who receives a credit title through endorsement-mandate and takes it to protest is liable for material and moral damages, if he exceeds the powers of agent or due to one's own culpable act, as in the case of noting after being aware of the previous payment or the lack of health of the cartouche".
The Section denied Banco do Brasil's appeal because the institution received an unaccepted duplicate without any proof of delivery of the goods or provision of services, but protested it anyway. The ministers understood that the title clearly did not present enforceability conditions, which would demonstrate the bank's negligent performance in its position as endorser-agent. The compensation owed to the alleged debtor was maintained at R$,, plus correction and interest.
The minister elaborated on the matter. According to him, the endorsement-mandate is a type of improper endorsement, a modality by which the endorser, that is, the creditor, entrusts the endorsee, or the bank, with the acts necessary to receive the amounts represented in the title, transferring to the latter only his exchange rights.
It is the endorsement provided for in article of the Geneva Uniform Law, which deals with promissory notes and bills of exchange, explained the minister. "Similar provision is found in article of the Check Law and article of the Civil Code of ", he added. In these cases, the bank does not act on its own behalf, but on the endorser's behalf. Thus, the debtor can raise personal objections against the endorser, but never against the endorsee.