Acórdão nº 078914 de Supremo Tribunal Administrativo (Portugal), 24 de Abril de 1991 (caso None)
Data | 24 Abril 1991 |
Órgão | http://vlex.com/desc1/1541_01,Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: PROVIDO PARCIAL.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CPC67 ART273 N2 ART514 ART515 ART661 N1 ART664. CCIV66 ART287 N2 ART331 N2 ART342 N2 ART806 N3 ART909 ART913 - ART922 ART1218 - ART1225. DL 262/83 DE 1983/06/16.
Sumário : I - Segundo o principio aquisitivo ou da aquisição processual, o tribunal deve tomar em consideração todas as provas produzidas, tenham ou não emanado da parte que devia produzi-las, sem prejuizo das disposições que declarem irrelevante a alegação de um facto, quando não seja feito por certo interessado. II - O significado essencial do onus da prova não está tanto em saber a quem incumbe fazer a prova do facto como em determinar o sentido em que deve o tribunal decidir no caso de não se fazer prova do facto. III - No caso de venda da coisa com defeitos, o comprador tem o direito de exigir reparação (indemnização), nos termos dos artigos 914 e 915 do Codigo Civil. IV - A acção de anulação por simples erro e uma acção sujeita a prazos de caducidade (artigo 917 do Codigo Civil). V - O artigo 916 do Codigo Civil determina que, no caso de erro, o comprador deve denunciar o vicio ou falta de qualidade da coisa ate 30 dias depois de conhecido o defeito e dentro de 6 meses apos a entrega da coisa. VI - O prazo de caducidade do artigo 917 e afastado, nos termos do n. 2 do artigo...
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