Acórdão nº 99B257 de Supremo Tribunal de Justiça (Portugal), 29 de Abril de 1999 (caso NULL)
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 29 de Abril de 1999 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: CONCEDIDA PARCIALMENTE A REVISTA.
¡rea Tem·tica: DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT.
LegislaÁ„o Nacional: CCIV66 ART342 ART428 ART431 ART902 ART916 ART1018 ART1032.
JurisprudÍncia Nacional: AC STJ DE 1980/01/31 IN BMJ N293 PAG365. AC STJ DE 1982/12/09 IN BMJ N322 PAG321.
Sum·rio : I - No mesmo contrato de compra e venda podem existir, de modo simult‚neo, uma venda de coisa defeituosa e um cumprimento defeituoso da obrigaÁ„o. II - Os critÈrios gerais de repartiÁ„o do Ûnus da prova valem, do mesmo modo, para o Ûnus da afirmaÁ„o, alegaÁ„o ou deduÁ„o - artigo 342 do CCIV. III - Numa acÁ„o sobre contrato de fornecimento de mercadorias (compra e venda) incumbe ao Autor alegar os factos constitutivos do seu crÈdito, competindo ao RÈu invocar os factos integradores de uma eventual excepÁ„o...
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