Relatório Técnico Diagnóstico

Abstract

Diego and Ana, married under a regime of universal community of property, came to this law firm seeking clarification after becoming aware of a contract enforcement action in which both would be defendants in the action, after receiving the summons. The contract in question has as creditor Mr. José, the couple's neighbor, who sold them a motor vehicle through a purchase and sale agreement, agreed upon in such a way that payment would be made in twenty (20) monthly installments in the amount of five thousand reais (R$ 5,000.00), totaling one hundred thousand reais (R$ 100,000.00). The couple honored the payment of seventeen (17) installments, totaling eighty-five thousand reais (R$ 85,000.00), becoming in default on three (3) installments, totaling the amount of fifteen thousand reais (R$ 15,000.00). The contract in question would have in its scope clause number thirteen (13), which states: “In the event of unjustified non-payment of any of the 20 (twenty) monthly installments of R$5,000.00, the contract will be terminated, the installments not yet paid will be due early and a fine of 70% (seventy percent) will be levied on this amount, in addition to the return of the vehicle.