Acórdão nº 4024/04.0TVLSB.L1-8 de Court of Appeal of Lisbon (Portugal), 15 de Dezembro de 2009
Magistrado Responsável | TERESA PRAZERES PAIS |
Data da Resolução | 15 de Dezembro de 2009 |
Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: ALTERADA A DECISÃO Sumário: - Caberá ao credor o ónus de provar a desconformidade entre a prestação feita e aquilo a que o contrato obrigava o devedor - desconformidade que é o facto constitutivo do seu direito a ser indemnizado - funcionando a partir daí a mencionada presunção de culpa prevista no artº 799 do CC - Para proteger o comprador de coisa defeituosa, o referido art. 913, nº1, do C.C., manda observar, com as necessárias adaptações, o prescrito na secção relativa aos vícios de direito ( arts 905 e segs ) - Mas o comprador também pode escolher e exercer, autonomamente, o direito de indemnização pelo interesse contratual positivo, decorrente das regras gerais do direito de responsabilidade civil, baseado no cumprimento defeituoso ou inexacto, presumidamente...
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