Código de Processo Civil Art 539 a 553

Código de Processo Civil   Art  539 a 553

CONSIGNMENT ACTION PAYMENT Art. 539. In the cases provided for by law,
the debtor or third party requests, in effect of payment, the consignment of the amount or
of the due thing. § 1 In the case of a cash obligation,
the amount may be deposited in an establishment official, where applicable, located in the
place of payment, the creditor becoming aware by letter with acknowledgment of receipt, signed
the term of 10 (ten) days for the manifestation refusal. § 2 After the term of § 1 has elapsed, counted
return of the acknowledgment of receipt, without manifestation of refusal, it will be considered
the debtor released from the obligation, available to the creditor the amount deposited. § 3 In the event of a refusal, manifested by
written to the banking establishment, it may be proposed, within 1 (one) month, the action
consignment, instructing the initial with proof of deposit and refusal. § 4º No action is proposed within the
§ 3, the deposit will have no effect, and raise the depositor. Art. 540. Consignment will be required in the
place of payment, ceasing to the debtor, at the date of deposit, interest and risks,
unless the application is dismissed. Art. 541. In the case of successive installments,
one of them, the debtor can continue deposit, in the same process and without further
formalities, those that are due, provided that to do so within 5 (five) days from
the due date. Art. 542. In the initial petition, the plaintiff will request: I – the deposit of the amount or the amount due,
to be effective within 5 (five) days from the granting, except for the hypothesis
of art. 539, § 3; II – the defendant’s summons to withdraw the deposit
or offer a challenge. Single paragraph. Deposit not made
within the term of item I, the process will be terminated without resolution of the merits. Art. 543. If the object of the provision is a thing
indeterminate and the choice falls to the creditor, will this be cited to exercise the right within
5 (five) days, if another period does not appear law or contract, or to accept that
the debtor does so, the judge, when dispatching the petition, set the place, day and time
delivery, under penalty of deposit. Art. 544. In the defense, the defendant may
claim that: I – there was no refusal or delay in receiving the
amount or thing owed; II – the refusal was just; III – the deposit was not made within the term
or in place of payment; IV – the deposit is not full. Single paragraph. In the case of item IV, the
claim will only be admissible if the defendant indicate the amount he understands due. Art. 545. Alleged insufficiency of the deposit,
it is lawful for the author to complete it in 10 (ten) days, unless the installment corresponds
failure to do so results in the termination of contract. § 1 In the case of the caput, the defendant may raise,
right away, the amount or the thing deposited, with the consequent partial release of the author,
continuing the process regarding the parcel controversial. § 2 The sentence that concludes by the insufficiency
deposit will determine, whenever possible, the amount due and will be used as an enforceable title,
allowed the creditor to promote compliance with it in the same records, after settlement, if necessary. Art. 546. The request being upheld, the judge
declare the obligation extinct and condemn the defendant to the payment of costs and fees
attorneys. Single paragraph. The same will be done
if the creditor receives and gives discharge. Art. 547. If there is doubt about who should
legitimately receive payment, the plaintiff will require the deposit and quote of possible
credit holders to prove their right. 548. In the case of art. 547: I – if no applicant appears, he will be converted
the deposit in the collection of vague things; II – when only one appears, the judge will decide
plan; III – when more than one appears, the judge will declare
made the deposit and the obligation is extinguished, continuing the process to run only
among the presumed creditors, observing the common procedure. Art. 549. The established procedure is applied
in this Chapter, as appropriate, to the rescue of tenure. CHAPTER II
ACTION OF REQUIRING ACCOUNTS 550. Whoever claims to be the holder of the
right to demand accounts will require service defendant to pay or offer a defense
within 15 (fifteen) days. § 1 In the initial petition, the author will specify,
in detail, the reasons why it requires the accounts, instructing it with supporting documents
of that need, if any. § 2 When the accounts are rendered, the author
15 (fifteen) days to manifest, continuing the process in the form of Chapter X of the Title
I of this Book. § 3 The challenge of the accounts presented
defendant must be substantiated and specific, with express reference to the challenged launch. § 4 If the defendant does not contest the request,
the provisions of art. 355. § 5 The decision that deems the
request will order the defendant to render the accounts within 15 (fifteen) days, under penalty of
it is not lawful to challenge those that the author to present. § 6 If the defendant presents the accounts within the deadline
provided for in § 5, the procedure will be followed of paragraph 2, otherwise, the author will present them
within 15 (fifteen) days, and the judge may determine the performance of an expert examination,
if necessary. Art. 551. The defendant’s accounts will be presented
in the appropriate form, specifying the recipes, the application of expenditure and investments,
if there is. § 1º If there is a specific challenge and
substantiated by the plaintiff, the judge reasonable time for the defendant to
supporting documents for launches individually contested. § 2 The author’s accounts, for the purposes of
art. 550, § 5, will be presented at the properly, already instructed with the documents
justifications, specifying the receipts, the application of expenditure and investments,
if any, as well as the respective balance. Art. 552. The sentence will determine the balance and constitute
judicial enforcement order. Art. 553. The accounts of the inventor, the tutor,
the trustee, the depositary and any another administrator will be provided in appendix
to the case file in which he was appointed. Single paragraph. If any of these
caput is ordered to pay the balance and does not do so within the statutory period, the judge may remove him,
hijack the goods in your custody, gloss the prize or bonus you would have
right and determine the executive measures necessary to recover the damage.

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