Acórdão nº 9631470 de Court of Appeal of Porto (Portugal), 22 de Maio de 1997
Magistrado Responsável | SOUSA LEITE |
Data da Resolução | 22 de Maio de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART905 ART908 ART909 ART913 ART914 ART915.
Sumário: I - Tendo-se provado que a ré comercializa as habitações que manda edificar é manifesta a aplicabilidade do instituto da venda de coisas defeituosas, dada a sua limitada actividade de vendedora, o que já não ocorreria se cumulasse com a mesma a de construtora, em que se teria então de lançar mão das normas integrativas dos defeitos da obra, no domínio do contrato de empreitada. II - Assim, no caso de venda de coisa defeituosa, ao comprador lesado assiste o direito de anulação do contrato, com base no erro relevante - artigo 905 e 913 do Código Civil -, o direito à redução do preço - artigo 911 e 913 do Código Civil - o direito à reparação ou substituição da coisa - artigo 914 do Código Civil - e o...
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