Post by xyz3600 on Feb 25, 2024 0:07:17 GMT -5
Termination of a contract due to non-compliance with obligations by the franchisor does not guarantee compensation for moral damages to the franchisee. This was understood by the 2nd Chamber of Business Law of the Court of Justice of São Paulo when denying the payment of compensation to a franchisee who accused the franchisor of not providing support in the development of the business and, on several occasions, of not having delivered the requested goods. iStockphoto TJ-SP decided that the franchisor that did not support the franchisee will have to return amounts invested in the business “There are also no compensable moral damages, so it is not possible to assess, given the absence of proof in the records of embarrassment or damaged morale, that the alleged non-performance of the contract has exceeded the limits of common setbacks in everyday life and the development of any business activity”, stated the rapporteur, judge Alexandre Marcondes.
However, the Chamber recognized that, in fact, the franchisor failed to comply with contractual obligations and committed errors that prevented the success of the franchisee's business. Therefore, the defendant was ordered to refund the amounts invested by the franchisee to conclude the contract – in this case, the franchise fee in the amount of R$50 thousand. “There is a clear indication that the defendant took a long time to Middle East Mobile Number List define the plaintiff’s commercial location, among the options available on the market. She failed to deliver the correct goods to supply the stock and, throughout the business, she did not provide assistance to the franchisee. The evidence added to the original was sufficient to prove the defendant's breach of contractual obligations, which, on the other hand, could have presented documentary evidence regarding the support provided to the franchisee, which did not occur. Nor did the defendant prove the correct delivery of goods to supply the store, the focal point for the failure of the business,” said Marcondes.
Given this scenario, two questions arise: (a) how to bridge the semantic gap between the legislated standard and the regulated standard, without CVM decisions being annulled for violating legality; and (b) how to form customary criteria for social acceptance, as is the case with the possibility of universalizing the decision (forming jurisprudence, summaries, statements, etc.), if there is more closed content in the Law than in the Instruction.assistance network and standard of accommodation interpreting the text of the law, the assistance network of the former employee's health plan must be the same as that which benefited him during his employment relationship with the contracting company, but may, however, undergo changes since that the same are also carried out for the contractor's employee plan. Hospitals, clinics, laboratories and professionals who were part of the plan when the consumer was employed by the contracting company must be maintained in the new plan after their termination.
However, the Chamber recognized that, in fact, the franchisor failed to comply with contractual obligations and committed errors that prevented the success of the franchisee's business. Therefore, the defendant was ordered to refund the amounts invested by the franchisee to conclude the contract – in this case, the franchise fee in the amount of R$50 thousand. “There is a clear indication that the defendant took a long time to Middle East Mobile Number List define the plaintiff’s commercial location, among the options available on the market. She failed to deliver the correct goods to supply the stock and, throughout the business, she did not provide assistance to the franchisee. The evidence added to the original was sufficient to prove the defendant's breach of contractual obligations, which, on the other hand, could have presented documentary evidence regarding the support provided to the franchisee, which did not occur. Nor did the defendant prove the correct delivery of goods to supply the store, the focal point for the failure of the business,” said Marcondes.
Given this scenario, two questions arise: (a) how to bridge the semantic gap between the legislated standard and the regulated standard, without CVM decisions being annulled for violating legality; and (b) how to form customary criteria for social acceptance, as is the case with the possibility of universalizing the decision (forming jurisprudence, summaries, statements, etc.), if there is more closed content in the Law than in the Instruction.assistance network and standard of accommodation interpreting the text of the law, the assistance network of the former employee's health plan must be the same as that which benefited him during his employment relationship with the contracting company, but may, however, undergo changes since that the same are also carried out for the contractor's employee plan. Hospitals, clinics, laboratories and professionals who were part of the plan when the consumer was employed by the contracting company must be maintained in the new plan after their termination.