{"id":9009,"date":"2023-09-22T11:33:39","date_gmt":"2023-09-22T14:33:39","guid":{"rendered":"https:\/\/psaa.com.br\/newsletter-06-23-stj-decides-that-environmental-obligations-on-rural-properties-can-be-demanded-from-the-current-or-previous-owner\/"},"modified":"2023-10-02T13:02:29","modified_gmt":"2023-10-02T16:02:29","slug":"newsletter-06-23-stj-decides-that-environmental-obligations-on-rural-properties-can-be-demanded-from-the-current-or-previous-owner","status":"publish","type":"post","link":"https:\/\/psaa.com.br\/en\/newsletter-06-23-stj-decides-that-environmental-obligations-on-rural-properties-can-be-demanded-from-the-current-or-previous-owner\/","title":{"rendered":"Newsletter No. 06\/2023 – STJ decides that environmental obligations on rural properties can be demanded from the current or previous owner"},"content":{"rendered":"\n

The Superior Court of Justice (STJ) has defined, by means of a qualified precedent (Repetitive Topic No. 1024 of the Court), that environmental obligations have a propter rem<\/em> nature, i.e. it is possible to demand collection from the current and\/or previous owner or possessor, or even from successors, at the creditor’s choice.<\/p>\n\n

The Supreme Court heard appeals filed by the Public Prosecutor’s Offices of the State of Mato Grosso do Sul and the State of S\u00e3o Paulo, in which it was debated whether environmental obligations for rural properties should be levied on the current owners of the properties or whether it would be possible to also charge the previous owners of the respective properties.<\/p>\n\n

In the decision, which was reported by Justice Assuete Magalh\u00e3es, it was defined that it is possible to collect environmental obligations jointly or separately, at the discretion of the creditor of the obligation, either the current owner or the previous owner of the property.<\/p>\n\n

However, it has been established that joint and several liability for environmental obligations is only possible if the environmental damage that gave rise to the obligation occurred before the alienator’s right in rem ceased to exist. In other words, joint collection is only possible if the environmental damage occurred while one of the seller’s rights in rem over the property still existed, except when the seller has directly or indirectly contributed to causing the damage, in which case he will also be liable.<\/p>\n\n

The STJ’s decision reinforces the tone of an agenda aimed at repairing environmental damage and also warns against taking precautions when acquiring rural properties. In this sense, it is extremely necessary to carry out an accurate real estate due diligence <\/em>in order to accurately identify the situation regarding a particular property so that the buyer is not surprised by an environmental obligation of which he was unaware.<\/p>\n\n

The PSAA team is closely following the progress of the issue before the Superior Court of Justice and is available for any clarifications regarding the current stage and perspectives for the acquisition of rural properties and their implications, including environmental ones, taking into account the Superior Court’s recent ruling.<\/p>\n\n

Atenciosamente,<\/p>\n\n

Passos e Sticca Advogados Associados \u2013 PSAA<\/p>\n","protected":false},"excerpt":{"rendered":"

The Superior Court of Justice (STJ) has defined, by means of a qualified precedent (Repetitive Topic No. 1024 of the Court), that environmental obligations have a propter rem nature, i.e. it is possible to demand collection from the current and\/or previous owner or possessor, or even from successors, at the creditor’s choice. The Supreme Court […]<\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[184],"tags":[],"class_list":["post-9009","post","type-post","status-publish","format-standard","hentry","category-informativo"],"_links":{"self":[{"href":"https:\/\/psaa.com.br\/en\/wp-json\/wp\/v2\/posts\/9009","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/psaa.com.br\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/psaa.com.br\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/psaa.com.br\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/psaa.com.br\/en\/wp-json\/wp\/v2\/comments?post=9009"}],"version-history":[{"count":2,"href":"https:\/\/psaa.com.br\/en\/wp-json\/wp\/v2\/posts\/9009\/revisions"}],"predecessor-version":[{"id":9063,"href":"https:\/\/psaa.com.br\/en\/wp-json\/wp\/v2\/posts\/9009\/revisions\/9063"}],"wp:attachment":[{"href":"https:\/\/psaa.com.br\/en\/wp-json\/wp\/v2\/media?parent=9009"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/psaa.com.br\/en\/wp-json\/wp\/v2\/categories?post=9009"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/psaa.com.br\/en\/wp-json\/wp\/v2\/tags?post=9009"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}