Post by account_disabled on Mar 6, 2024 0:59:29 GMT -5
The Rural Product Certificate (CPR) is an extrajudicial credit title with its own legislation, which attributes liquidity, certainty and enforceability. Drought can lead to crop loss, but, as it is not an objectively unpredictable fact, it does not constitute a hypothesis for the application of the Unpredictability Theory. With this understanding, the th Civil Chamber of the Court of Justice of Rio Grande do Sul recognized the requirement of a CPR and maintained the sequestration of just over tons of soy. The precautionary measure was filed by Cooperativa Agrícola Mista General Osório Ltda (Cotribá), from Ibirubá. The decision is on June th.
In the action, Cotribá stated that it was the creditor of ,kg of soybeans, represented by the balance of CPR nº ,, issued by the defendants on January , , due on March , It assured that, after the deadline for the delivery of the goods and having already harvested % of their production, the defendants deposited only ,kg of soybeans and diverted the rest of the production, delivering it to a cereal company.
He repeated that the CPRs issued by the defendants established BTC Number Data the Cedular Pledge on the product. In this way, it became his property, with the defendants only playing the role of simple custodians. He asked for the kidnapping injunction to be granted and, in the end, for the action to proceed, to convert it into a seizure.
Once the injunction was granted, the farmers presented their defense. In summary, they claimed that the executive title was not enforceable, due to the right to extension granted to agricultural credits.
The sentence
Judge Ralph Moraes Langanke initially said that the merit of the precautionary measure consists in examining the presence of the ''smoke of good law'' and the ''danger of delay'', with other discussions being referred to the main process. The first question is based on the plausibility of the cooperative's allegations, which proves, via CPR, that it is the defendants' creditor.
The ''danger of delay'' lies in the fact that soybeans, due to their fungible nature, are easy to deteriorate or dissipate. Furthermore, the judge pointed out, the danger of damage that would be difficult to repair was also demonstrated by the technical report. The document states that the defendants had already harvested % of their soybean crop, which was stored in the warehouses of a cereal company.
''Furthermore, it is important to highlight that, when contesting the action, the defendants did not deny the harvest of % of the crop, nor the deposit of the harvested soybeans in the company (...), giving rise to the presumption of veracity of the uncontested facts provided for in article , caput, of the Civil Procedure Code (CPC)'', amended.
In the action, Cotribá stated that it was the creditor of ,kg of soybeans, represented by the balance of CPR nº ,, issued by the defendants on January , , due on March , It assured that, after the deadline for the delivery of the goods and having already harvested % of their production, the defendants deposited only ,kg of soybeans and diverted the rest of the production, delivering it to a cereal company.
He repeated that the CPRs issued by the defendants established BTC Number Data the Cedular Pledge on the product. In this way, it became his property, with the defendants only playing the role of simple custodians. He asked for the kidnapping injunction to be granted and, in the end, for the action to proceed, to convert it into a seizure.
Once the injunction was granted, the farmers presented their defense. In summary, they claimed that the executive title was not enforceable, due to the right to extension granted to agricultural credits.
The sentence
Judge Ralph Moraes Langanke initially said that the merit of the precautionary measure consists in examining the presence of the ''smoke of good law'' and the ''danger of delay'', with other discussions being referred to the main process. The first question is based on the plausibility of the cooperative's allegations, which proves, via CPR, that it is the defendants' creditor.
The ''danger of delay'' lies in the fact that soybeans, due to their fungible nature, are easy to deteriorate or dissipate. Furthermore, the judge pointed out, the danger of damage that would be difficult to repair was also demonstrated by the technical report. The document states that the defendants had already harvested % of their soybean crop, which was stored in the warehouses of a cereal company.
''Furthermore, it is important to highlight that, when contesting the action, the defendants did not deny the harvest of % of the crop, nor the deposit of the harvested soybeans in the company (...), giving rise to the presumption of veracity of the uncontested facts provided for in article , caput, of the Civil Procedure Code (CPC)'', amended.