Acórdão nº 9230048 de Court of Appeal of Porto (Portugal), 22 de Junho de 1992
Data | 22 Junho 1992 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCOM888 ART463 N1 N3 ART469 ART471. CCIV66 ART428 N1 ART798 ART799 ART879 ART817 ART905 ART908 ART909 ART911 ART913 ART915.
Jurisprudência Nacional: AC STJ DE 1969/01/24 IN BMJ N183 PAG274. AC STJ DE 1966/06/07 IN BMJ N158 PAG345. AC STJ DE 1973/06/19 IN BMJ N228 PAG228. AC RP DE 1986/01/28 IN CJ ANOXI T1 PAG177. AC RP DE 1987/07/16 IN CJ ANOXII T4 PAG206. AC RL DE 1988/12/06 IN CJ ANOXIII T5 PAG115. AC STJ DE 1974/04/26 IN BMJ N236 PAG154. AC RP DE 1991/11/04 IN CJ ANOXVI T5 PAG179.
Sumário: I - O disposto no artigo 471 do Código Comercial não tem aplicação no caso de dolo do vendedor. II - O prazo de 8 dias fixado no artigo 471 do Código Comercial começa a contar-se na data em que o comprador descobre o vício da coisa comprada ou daquela em que a teria descoberto se agisse com a diligência exigível ao tráfico comercial. III - Esse prazo de 8 dias não é aplicável quando não for possível dentro dele descobrir os vícios da coisa comprada. IV - Há venda de coisa defeituosa sempre que no contrato de compra e venda tendo por objecto a transmissão da propriedade de uma coisa, a coisa vendida sofrer dos vícios ou carecer das qualidades abrangidas no artigo 913 do Código Civil, quer a coisa entregue corresponda, quer não, à prestação a que o vendedor se encontra vinculado. V - O cumprimento defeituoso da obrigação verifica-se não apenas em relação à entrega da coisa proveniente da compra e venda, mas quanto a qualquer outra obrigação, proveniente de contrato ou qualquer outra fonte. VI - Nada impede que, no mesmo contrato, exista simultaneamente uma venda de coisa defeituosa e um cumprimento...
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