There is an important debate about the legal nature of demurrage in Brazilian doctrine and Superior Court of Justice case law. In other hand, there is another movement in Superior Court of Justice, in order to stablish the prescription period for claiming the expenses related to containers demurrage based on a unimodal maritime contract. This first part will lead with debate about legal nature, specifically on its character as a penalty clause or indemnity clause, but will also make considerations about precedents, as per some Brazilian doctrine, also treating about the special appeal and the multiple special appeal on the same point of law, taking in consideration that these are important meanings through the Superior Court of Justice can fix ratio decidendi that could/ought to be followed for the local Courts.
FELIPE COSTA LAURINDO DO NASCIMENTO: Master in Law from the Federal University of Alagoas – UFAL. Member of the North-Northeast Association of Process Teachers – ANNEP. Member of the Nucleus of Studies in Procedural Analytics and Applied Civil Procedure – NEAPA. Post-graduation in Civil Law and Civil Procedural Law. Graduation in Law and Business Administration. Lawyer and Legal Consultant.
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