Acórdão nº 070283 de Supremo Tribunal de Justiça (Portugal), 18 de Novembro de 1982
| Data | 18 Novembro 1982 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR COM - DIR CIV / DIR CONTRAT.
Legislação Nacional: CCIV66 ART342 N1 ART405 ART939. CCOM888 ART464 N3. CPC67 ART498 N4 ART516.
Sumário : I - A venda de determinada máquina de revelar, para ser paga em parte em dinheiro e em parte com a entrega de uma outra máquina já usada, constitui um contrato misto - compra e venda e de troca, sujeito às normas reguladoras da compra e venda, pois não brigam com a sua natureza - artigo 939 do Código Civil. II - Esse contrato tem a natureza civil, embora outorgado entre dois comerciantes - artigo 464 do Código Comercial. III - Sendo a causa de pedir invocada pela Autora com contrato de compra e venda puro, incumprido em parte - artigo 498, n. 4 do Código de Processo Civil; incumbia-lhe provar...
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