Acórdão nº 9150524 de Court of Appeal of Porto (Portugal), 02 de Março de 1992
Magistrado Responsável | ARAUJO CARNEIRO |
Data da Resolução | 02 de Março de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART217 N1 ART288 N3 ART905 ART913 ART916. CRP84 ART8 N1. CCOM888 ART471. DL 54/75 DE 1975/02/12 ART5 N1 N2.
Jurisprudência Nacional: AC STJ DE 1969/01/24 IN BMJ N183 PAG276. AC RL DE 1989/03/02 IN CJ ANOXIV T2 PAG113.
Sumário: I - Pretendendo o A. a anulação de contrato de compra e venda por "falta de qualidades asseguradas pelo vendedor", a acção não tem por objecto a extinção do direito de propriedade, pois a declaração anulatória apaga "ab initio" os efeitos da compra e venda, nomeadamente a transmissão da propriedade para o A., tudo se passando como se este nunca tivesse sido proprietário do bem em causa ( um automóvel ). Consequentemente, esta acção não está sujeita a registo. II - Por esse motivo e ainda porque o R., no caso, nunca figurou no registo como proprietário do questionado bem, na petição inicial o A. não deverá pedir o cancelamento do respectivo registo. III - A venda de coisa defeituosa e especificamente por "falta de qualidades asseguradas pelo vendedor", prevista no artigo 913 do Código Civil, abrange as situações em que o bem está afectado por defeitos que o privam dos atributos que foram assegurados pelo vendedor e foram...
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