STJ confirms five-year limitation period for collection of demurrage of containers in maritime transport

On 28 October 2020 the Second Panel of the Superior Court of Justice (STJ) issued a unanimous decision, on repetitive appeal, establishing that a "claim to collect amounts related to expenses for demurrage previously established in a maritime transport contract (unimodal) is barred by the statute of limitations in five years, pursuant to article 206, § 5, item I, of the Civil Code of 2002" (Theme 1,035, Special Appeals 1.819.826/SP and 1.823.911/PE).

This decision ratifies the court's prevailing position on the matter.

It should be noted that when demurrage is not provided for in a contract, the limitation period is 10 years, pursuant to Article 205 of the Civil Code, as set out in the decision rendered by the Second Panel of the STJ in Special Appeal 1.340.041/SP (2012/0175477-0).

For further information on this topic please contact Camila Mendes Vianna Cardoso or Paulo Fernandes at Kincaid | Mendes Vianna Advogados by telephone (+55 21 2276 6200) or email (camila@kincaid.com.br or paulo.fernandes@kincaid.com.br). The Kincaid | Mendes Vianna Advogados website can be accessed at www.kincaid.com.br.