Acórdão nº 071554 de Supremo Tribunal Administrativo (Portugal), 05 de Abril de 1984 (caso None)
Magistrado Responsável | LOPES NEVES |
Data da Resolução | 05 de Abril de 1984 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART437 ART921 N1.
Sumário : E aplicavel o regime previsto no artigo 921, n. 1, do Codigo Civil, no caso da venda de uma maquina processadora de papel a cores, com a substituição da maquina vendida por uma nova, revogando-se o acordão da Relação que entendeu o contrario por se tratar de coisa não fungivel em virtude de no mercado não haver o mesmo tipo de maquina, com as mesmas qualidades tipicas daquela que foi vendida e a funcionar perfeitamente, o que tornaria impossivel a prestação, com base nas seguintes razões: a) Não tendo sido articulado nem quesitado que não haja no mercado o mesmo tipo de maquina e a funcionar perfeitamente, tal circunstancia não podia ser tomada em consideração; b) Estando assente no nosso direito que, sem prejuizo do disposto do artigo 437 do Codigo Civil, so a impossibilidade absoluta libera o devedor da obrigação, como e o...
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