Acórdão nº 079799 de Supremo Tribunal Administrativo (Portugal), 03 de Abril de 1991
Magistrado Responsável | RICARDO DA VELHA |
Data da Resolução | 03 de Abril de 1991 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: JOÃO CALVÃO E SILVA IN RESPONSABILIDADE CIVIL DO PRODUTOR PAG201.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART913 ART914 ART916 ART921.
Sumário : I - Porque, no contrato de compra e venda de coisa defeituosa, o vendedor garante, nos termos do artigo 913 do codigo civil, o bom funcionamento da coisa na data da entrega, o comprador não precisa de provar que a coisa não tinha essas qualidades, basta-lhe provar o mau funcionamento da coisa no periodo da garantia do contrato. II - E ao vendedor que incumbe o onus da prova de que a causa do mau funcionamento e posterior a entrega da coisa e imputavel ao comprador ou a terceiro, ou devida a caso fortuito. III - A garantia do vendedor tem um prazo certo, desde que não provado o dolo, prazo que e de 6 meses, nos termos do artigo 916 do codigo civil, devendo o comprador fazer a denuncia dos defeitos ate 30 dias apos o conhecimento dos...
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