Acórdão nº 0055802 de Supremo Tribunal Administrativo (Portugal), 14 de Maio de 1992 (caso None)
| Magistrado Responsável | ANTONIO ABRANCHES MARTINS |
| Data da Resolução | 14 de Maio de 1992 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR COM.
Legislação Nacional: DL 178/86 DE 1986/07/03 ART1. CCIV66 ART376 ART405 ART909 ART913. CPC67 ART463 N1 ART646 N4. CCOM888 ART470 ART471.
Jurisprudência Nacional: AC STJ DE 1973/06/19 IN BMJ N228 PAG228. AC STJ DE 1966/06/07 IN BMJ N158 PAG345. AC STJ DE 1969/01/24 IN BMJ N183 PAG274. AC STJ DE 1964/11/06 IN BMJ N141 PAG353. AC RP DE 1972/02/23 IN BMJ N215 PAG292. AC RP DE 1979/05/03 IN CJ ANOIV T3 PAG940. AC STJ DE 1957/02/26 IN BMJ N64 PAG540.
Sumário: I - Se a compra e venda comercial tiver por objecto um produto embalado que, portanto não estava a vista, e se o mesmo não puder ser determinado por uma qualidade conhecida em comércio, deve entender-se que o contrato foi feito debaixo da condição de o comprador poder distratá-lo, caso, examinando o produto, não lhe conviesse...
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