Acórdão nº 9331142 de Court of Appeal of Porto (Portugal), 09 de Maio de 1994
| Magistrado Responsável | ANTERO RIBEIRO |
| Data da Resolução | 09 de Maio de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART251 ART913 ART247 ART289 N1 A ART476 ART479 ART481.
Jurisprudência Nacional: AC RC DE 1984/12/11 IN CJ TV ANOIX PAG56.
Sumário: I - Se foi vendido um quadro como sendo de José Malhoa e se verificou não ser esse quadro da autoria desse pintor não se está perante uma venda de coisa defeituosa mas perante uma hipótese de " erro sobre o objecto do negócio ". II - Os valores da certeza e segurança dos negócios jurídicos não podem ser entendidos em termos absolutos e, na hipótese de erro sobre o objecto do negócio, tais valores terão de ceder dentro dos limites estabelecidos na lei em favor da possibilidade de anulação no caso de o vendedor conhecer a essencialidade do elemento sobre o qual incidiu o erro. III -...
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