Da suspensão e da extinção do processo de execução de título extrajudicial no novo CPC.

Summary

This video script covers the suspension and extinction of execution under the new Civil Procedure Code. It explains various situations where execution may be suspended, such as when there are no assets to seize, or when certain legal provisions, like moratoriums or agreements between parties, are in place. The script also details how the process can be extended or concluded, including provisions for prescription and the role of the judge. Key legal cases and precedents are referenced to highlight how these rules are applied in practice. Ultimately, the execution process aims to ensure that obligations are satisfied before the case is closed.

Takeaways

• 😀 The script discusses the suspension and potential extinction of execution proceedings in civil process law.
• 😀 Suspension of execution can occur in specific circumstances like death, loss of legal capacity, or agreement between parties (Article 921).
• 😀 Suspension of execution can also happen when a criminal investigation is required before proceeding (Article 921, Section 1).
• 😀 The suspension of execution may also occur if the debtor has no assets available for seizure (Article 921, Section 3).
• 😀 If a seized asset isn't sold due to lack of bidders, and the creditor doesn't request adjudication within 15 days, execution may be suspended (Article 921, Section 4).
• 😀 Suspension can also occur if the debtor requests a payment installment plan, as outlined in Article 916.
• 😀 The STJ (Superior Court of Justice) has ruled that execution can be suspended if external prejudicial factors affect the case.
• 😀 Article 921 provides additional rules about suspension, such as the suspension of the prescription period for up to a year in certain cases (Article 921, Section 1).
• 😀 After one year of suspended execution without any assets found, the case will be archived, but this does not mean the execution is extinct (Article 921, Section 2).
• 😀 If the execution is suspended and assets are later discovered, the process may be resumed, and the suspension period will not count toward the prescription period (Article 921, Section 3).

Q & A

What are the key elements that allow for the suspension of execution in civil procedure?

The key elements for suspending execution are situations where the process can be paused temporarily. These include specific conditions outlined in the Civil Procedure Code, such as the death or incapacity of a party, agreements between the parties, and certain legal determinations, such as the need for criminal court decisions before proceeding with civil actions.

What role does Article 921 play in the suspension of execution?

Article 921 outlines various circumstances in which execution can be suspended, including when the executed party lacks assets for seizure, when there is a suspension by agreement of the parties, or when a party's legal capacity is in question. It also references the temporary suspension of prescription periods when the execution is paused.

Can the execution process be suspended if the executed party does not have assets to seize?

Yes, the execution can be suspended if the executed party lacks assets for seizure. In such cases, the suspension may last up to one year, during which the prescriptive period is also suspended.

What happens after the one-year suspension period for execution without discovering assets?

After the one-year suspension period, if no assets are found, the process is archived. However, this does not mean the execution is terminated. If assets are discovered later, the execution can be resumed.

What is the significance of 'prescrição intercorrente' in execution processes?

The 'prescrição intercorrente' refers to the statute of limitations that occurs during the execution process. It applies when the creditor fails to take necessary actions to proceed with the execution within a certain period. The court may recognize the prescription of the claim after a period of inaction.

What is the role of Article 922 in the suspension of execution?

Article 922 allows for the suspension of execution based on a mutual agreement between the parties. This suspension is intended to give the executed party time to voluntarily fulfill the obligation, with the process resuming if the obligation is not fulfilled within the agreed period.

What happens if the parties agree to suspend the execution but the obligation is not fulfilled?

If the parties agree to suspend the execution but the obligation is not fulfilled within the specified period, the execution will resume and continue according to the original process, as stated in Article 922.

Can the execution process be suspended for urgent matters even if it is generally suspended?

Yes, the court can order urgent actions during the suspension of the execution, but this is an exception and is only allowed when necessary to avoid harm or fulfill other legal obligations.

Under what conditions can an execution process be extinguished?

An execution process can be extinguished under several conditions, including the satisfaction of the obligation, a successful agreement, the renouncement of the credit by the creditor, or the expiration of the prescriptive period.

What is the difference between 'satisfaction of the obligation' and 'extinction of the execution process'?

Satisfaction of the obligation refers to fulfilling the terms of the debt, while the extinction of the execution process occurs only when a court declares the execution process finished through a specific judgment, confirming the termination of the action.