Acórdão nº 9520235 de Court of Appeal of Porto (Portugal), 04 de Julho de 1995
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 04 de Julho de 1995 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR COM.
Legislação Nacional: CCOM888 ART463 N1 ART470 ART471. CCIV66 ART408 N1 ART795 N1 ART796 N1 ART874 ART879 A ART905 ART913 N1.
Sumário: I - O contrato negociado entre duas sociedades comerciais, no âmbito das respectivas actividades, relativamente a coisas móveis que uma produz e comercializa com a finalidade de serem utilizadas pela outra no fabrico de lava-louças, que esta também comercializa e vende, reveste a natureza de uma compra e venda comercial - artigo 463 n.1, do Código Comercial. II - Se as coisas se destinavam a ser experimentadas pela compradora estamos perante um caso de compra e venda não à vista ou de compra e venda sob exame, pois a venda tem de considerar-se feita, nos termos do artigo 470 do Código Comercial, sob a condição de o comprador poder não aceitar o contrato caso, examinando a mercadoria, ela lhe não convenha, sem ter de fundamentar a sua recusa - e sem que o vendedor lhe possa opôr qualquer objecção. III - Os contratos desta natureza, em conformidade com o artigo 471 do Código Comercial, só se tornam...
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