Post by account_disabled on Mar 11, 2024 22:57:46 GMT -6
The 14th Private Law Chamber of the São Paulo Court of Justice upheld the conviction of a bank to compensate for losses caused to a client after selling shares before the agreed date.
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istockphoto.com Bank must Portugal Mobile Number List reimburse customer for sale of shares before agreed date
According to the records, the client invested in the Stock Exchange through the defendant bank and said he asked for the settlement of his securities to be postponed. However, the following day, the institution mistakenly sold the shares, at a price lower than that achieved on the date intended by the client.
After a favorable decision in the first instance, the author filed an appeal with the TJ-SP asking that the compensation correspond to the difference between the price of the shares on the date of purchase, in November 2018, and that of the sentence, in January 2020.
However, the rapporteur, judge Carlos Abrão, said that the solution requested by the author would lead to unjust enrichment, since the papers are currently more valued.
"This conclusion is made in light of the principle of duty to mitigate the loss , a duty arising from objective good faith that must be observed by everyone, and it is not idle to note that, in the securities market, the one-year interval is quite significant ", he stated.
Abrão upheld the decision of the court of origin in full and, therefore, the value of the reparation must be determined during the sentence settlement phase. With information from the TJ-SP press office.