As consequências pelo não pagamento voluntário na ação de execução em litisconsórcio passivo com responsabilidade solidária

Abstract

The following essay has the purpose of analyzing the execution procedures with joinder of defendants established to collect a certain amount (definitive fulfillment of Court’s decision and the execution of an enforceable extrajudicial instrument) and the consequences for all executed parties when there is no voluntary payment by only one of them, while the co-executed have not even been summoned to the execution procedure. Regarding this purpose, this essay begins with the presentation of the principles and conditions indispensable to the filing of the court suit that guide these procedures and define its function of entering the legal sphere of the debtor within the State coercive action limits. In a second step, the research analysis the legitimate parties property liability and obligation of appearing in defendant's side of the court suit originated from a judicial or extrajudicial enforcement order that imposes joint liability for all debtors, as well as the distinction between voluntary payment, main study outline, and the court deposit instrument as a method of guaranteeing the values, but not of immediately disposing the amount to the creditor. Subsequently, after defining the essential premises for this essay, an examination is made on the consequences of non-voluntary payment within the legal term by the debtor summoned, as well as for all other debtors in joint liability, although they have not yet been summoned, based on the peculiarities of all the institutes applicable to this hypothesis, according to the definitions of succumbence and causality principles. Finally, the essay checks the measures by which debtors who may have felt injured must use to obtain eventual recourse procedure from the co-debtors or their proportional division