Acórdão nº 088388 de Supremo Tribunal de Justiça (Portugal), 05 de Junho de 1996
| Magistrado Responsável | MARIO CANCELA |
| Data da Resolução | 05 de Junho de 1996 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR COM.
Legislação Nacional: CCIV66 ART289 ART796 N3. CCOM888 ART463 N1 ART470 ART471. CPC67 ART646 N4 ART653 N2.
Sumário : I - Entregue pela autora à ré, a solicitação desta, mercadoria para ser experimentada pela mesma ré no fabrico de lava-louças, estamos em presença de um contrato de natureza comercial, já que foi negociado entre duas sociedades comerciais, no âmbito das respectivas actividades, nos termos do artigo 463, n. 1, do C. Com.. II - Uma vez que só depois do exame e de a ré decidir que a mercadoria lhe interessava é que o contrato se tornaria efectivo, trata-se de uma compra feita debaixo da condição de o comprador poder distratar o contrato, caso examinando a coisa esta não lhe convenha. III - E o exame não é apenas do que não esteja à vista; abrange todas as averiguações que se tenham por...
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