Priscilla Folgosi Castanha
Lawyer at Marcos Martins Advogados
A civil court judge has recognized the nullity of the guarantee provided without a grantor, argued in a Third Party Claim by the law firm Marcos Martins Advogados, upholding the Claim and extinguishing the enforcement action in relation to the spouse/guarantor.
These are third-party motions filed with the aim of declaring the guarantee provided by the plaintiff’s spouse null and void, which was not granted by her spouse, under the terms of articles 1645, 1647, item III, 1649 and 1650, all of the Civil Code, and Precedent 332 of the Superior Court of Justice and, consequently, to rule out the possibility of seizing the plaintiff’s assets and rights in the execution proceedings that gave rise to the motions.
At the same time, the spouse/guarantor filed a motion to stay the execution, on the grounds that the bond was unenforceable, since it was based on an alleged guarantee that was legally unsupportable and void in its own right, due to the absence of a spousal guarantee.
As a result, the Third Party Claims and the Execution Claims were upheld, recognizing the nullity of the guarantee due to the lack of a grantor uxória, ruling that the execution against the spouse/guarantor was extinguished.
The success obtained through the defense thesis prevented any possible act of constriction on the assets and rights of the plaintiff and her spouse, allowing the maintenance of the clients’ assets.
