Subject of Dispute: Invalidation of a Financial Lease Agreement and Recovery of Funds Paid Thereunder.
Main Arguments of the Court:
The Supreme Court indicated that the courts of previous instances incorrectly applied the consequences of an invalid transaction. The lease agreement is void due to the lack of notarial certification, but the courts erroneously carried out a unilateral restitution, recovering funds only from the bank. Instead, bilateral restitution should be applied – return of the vehicle to the bank and compensation for its use.
Court Decision: Revoke previous court decisions and refer the case for a new hearing to the court of first instance for the correct application of civil law provisions.
