Acórdão nº 9750731 de Supremo Tribunal Administrativo (Portugal), 20 de Outubro de 1997 (caso None)
Magistrado Responsável | REIS FIGUEIRA |
Data da Resolução | 20 de Outubro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART916 ART917.
Jurisprudência Nacional: AC RP DE 1993/01/14 IN BMJ N423 PAG603. AC STJ DE 1996/04/18 IN CJSTJ T2 ANOIV PAG29. AC STJ DE 1990/10/25 IN BMJ N400 PAG631. AC STJ DE 1995/10/19 IN BMJ N450 PAG432.
Sumário: I - A norma do artigo 917 do Código Civil é aplicável ( por interpretação extensiva ou por aplicação analógica) às acções em que o comprador pretende exigir do vendedor a reparação da coisa, a sua substituição ou uma indemnização, com fundamento em defeito ou falta de qualidade da coisa vendida. II - Não tendo havido dolo do vendedor, o prazo de denúncia daqueles defeitos é de 30 dias depois do seu conhecimento, nos termos do artigo 916 do Código Civil, na redacção anterior ao...
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