Civil TJSC – Termination signed and notarized recognized prevents further discussion – 30/3/2015

The 2nd Commercial Law Chamber of the ECJ dismissed the appeal of a truck driver who said harmed by the undoing of a commercial partnership, focused on intercity and interstate transportation of cargo. The author claims to have worked for the defendant, now deceased, for about four months; this period, acquired a truck with semi-trailer for S. carry loads to different locations in the country, always with profits and expenses division. The applicant requested compensation for moral and material damage, since at the end of society, the woman you have promised £ 35,000 by the business dissolution, but the money was never delivered.
The author argued that by failing to receive the money owed, suffered numerous losses and negative of his name in the SPC and Serasa, hence the claim.
The judge Luiz Fernando Boller, rapporteur of the appeal, said the whole issue revolves around the end of the agreement between the parties, but there is no evidence in the record capable of proving the author’s allegations. According to the documents of the action, the very Private Instrument Recognition and Termination of Trading Company, signed by the parties and recognized in office, in its second clause states that the amount due was paid at the time of signature. The decision was unanimous (Civil Appeal No. 2011.018486-7).
Source: Court of Santa Catarina