Ação de exigir contas - Procedimento Especialista - Código de Processo Civil

Summary

The video explains the legal process of *ação de exigir contas* (action to demand accounting) in Brazilian law. This special procedural action is used to compel individuals, such as business partners or property managers, to provide a detailed account of their administration of another party's assets or finances. The speaker discusses the history, legal requirements, and practical applications of this action, including the need for evidence of a refusal to provide accounts. It is commonly used in cases involving estates, tenants, and business partnerships, offering a key tool for ensuring financial accountability.

Takeaways

• 😀 The action called 'ação exigir contas' is a special procedural action used to compel someone to provide an account of managed assets or values.
• 😀 The name of this action was changed from 'ação de prestação de contas' to 'ação de contas' under the new Civil Procedure Code.
• 😀 This action can be used in various situations, such as with tenants, financial institutions, or administrators of assets to verify if obligations like payments or duties have been met.
• 😀 The main goal of this action is to force the defendant (who manages assets or obligations) to provide detailed accounts of the administration of those assets.
• 😀 If a person fails to voluntarily provide an account of managed assets or obligations, the person who holds the rights can initiate this action to demand accountability.
• 😀 According to the Civil Procedure Code, the defendant must be formally cited to provide an account, and they have a 15-day period to contest the claim.
• 😀 Before initiating the action, the plaintiff must prove that they attempted to request the accounts through extrajudicial means, such as a simple notification.
• 😀 The action's territorial jurisdiction is determined by the location where the act or fact took place, as outlined in the Civil Procedure Code.
• 😀 The action of demanding accounts can be used against a wide variety of entities, including landlords, spouses, business partners, and condominium managers.
• 😀 This action has cross-disciplinary relevance, extending into fields like business law and real estate law, making it a versatile tool in civil disputes.
• 😀 The legal procedure involves proving the obligation to provide accounts, supporting evidence that assets are still under the defendant’s control, and demonstrating a relationship of mutual financial operations between the parties.

Q & A

What is the purpose of the 'ação exigir contas' action in Brazilian civil law?

The purpose of the 'ação exigir contas' action is to compel the defendant to provide an accounting of goods or interests they have managed on behalf of another party. This ensures transparency and accountability in managing assets or finances.

How is the 'ação exigir contas' action different from the old 'ação de prestação de contas'?

The 'ação exigir contas' is the updated version of the old 'ação de prestação de contas' in Brazilian law. The change in terminology reflects an update in the Civil Procedure Code, but the core objective remains the same: to compel a party to provide an accounting of managed goods.

In what situations can the 'ação exigir contas' be used?

This action can be used in various situations, such as disputes between landlords and tenants, business partners, property managers, or any situation where one party is responsible for managing another's assets or finances and fails to provide an accounting.

What must the plaintiff prove in an 'ação exigir contas' case?

The plaintiff must prove that the defendant has a legal or contractual obligation to provide an accounting and that the defendant has failed to do so despite a prior extrajudicial request. If this failure is not demonstrated, the action may be dismissed.

What is the role of extrajudicial notification in the 'ação exigir contas'?

An extrajudicial notification is used to demonstrate that the plaintiff has requested the accounting outside of court. This serves as evidence that the defendant refused to provide the accounting voluntarily before resorting to legal action.

What is the importance of proving a relationship of managed goods in the 'ação exigir contas'?

Proving that the defendant is managing goods or finances on behalf of the plaintiff is essential for the action to proceed. Without demonstrating this relationship, there is no obligation to provide an accounting, and the court may dismiss the case.

How does the procedure of the 'ação exigir contas' differ from standard civil actions?

The 'ação exigir contas' follows a special procedure outlined in the Civil Procedure Code, where the plaintiff must demonstrate the obligation to provide an accounting and provide evidence of the extrajudicial request. It also has specific rules regarding the territorial jurisdiction of the case and the timeline for the defendant to respond.

What happens after a court orders the defendant to provide an accounting?

If the court orders the defendant to provide an accounting, it can lead to the determination of the financial balance and also serve as a judicial title, allowing the plaintiff to take further legal actions, such as enforcing the decision through execution of a judicial title.

What types of entities or individuals can be subject to an 'ação exigir contas'?

Entities or individuals who manage goods, finances, or interests on behalf of others can be subject to this action. Examples include landlords, property managers, business partners, accountants, and even condominium managers.

How is territorial jurisdiction determined in an 'ação exigir contas' case?

Territorial jurisdiction for the 'ação exigir contas' is determined based on the location where the act of managing the goods occurred, according to Article 53, Section 4(b) of the Civil Procedure Code. This ensures the case is heard in the appropriate forum related to the management of the goods or finances in question.