Análise das decisões do Tribunal de Justiça do Estado de Santa Catarina acerca da responsabilidade civil por apresentação antecipada de cheque pós-datado

• Autor(a) principal: Gonçalves, Amanda José
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/6122
• topic: Títulos de crédito; Cheque; Responsabilidade civil

OBJECTIVE: The objective of this paper is to analyze the decisions of the Court of Justice of the State of Santa Catarina, regarding the civil liability and the duty to indemnify in the case of early presentation of postdated check, made between June 2017 to December 2018. METHOD: We used exploratory research in terms of level; as for the approach, the qualitative research; Regarding the procedure for data collection, documentary research and bibliographic research were employed. RESULTS: Credit titles are documents that are legally formalized and necessary for their validity. Among the securities, the highlight is the check that, according to Law no. 7.357 / 85 constitutes a demand payment order. However, despite the fact that the check is a cash payment order, given the need, especially of traders to carry out forward transactions, the postdated check modality was created, which consists of issuing the check with a date of future presentation, and such modality has been consolidated as usual to this day. The issuance of a post-dated check presupposes an agreement between the issuer and the beneficiary, and must be observed under penalty of civil liability. Liability and the obligation to indemnify constitute an obligation imposed on a particular person to repair the damage caused by him to a third person by reason of the commission of an unlawful act. Its assumptions are: illicit act, guilt, damage and causal link. The causes that exclude unlawfulness are: regular exercise of a recognized right, state of legitimate defense, fault or exclusive fact of the victim, fault or exclusive fact of third party, act of God or force majeure, and clause not to indemnify. Finally, civil liability can be: contractual and non-contractual and subjective and objective. CONCLUSION: Based on the twelve judgments selected from June / 2017 to December / 2018, it was found that the position of the Court of Justice of the State of Santa Catarina is predominant regarding civil liability and the obligation to indemnify in cases of early submission of post-dated checks, the understanding being based, in most cases, on the breach of objective contractual good faith and on STJ Precedent 370.