Acórdão nº 070950 de Supremo Tribunal de Justiça (Portugal), 31 de Julho de 1983
Magistrado Responsável | LOPES NEVES |
Data da Resolução | 31 de Julho de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART207 ART905 ART913 ART914 ART921.
Jurisprudência Nacional: AC STJ DE 1978/12/12 IN BMJ N282 PAG172.
Sumário : I - O artigo 913 do Código Civil refere-se apenas à anulação, permitindo-a na compra e venda nas hipóteses de vício que desvalorize a coisa, ou impeça a realização do fim a que é destinada, da falta de qualidades asseguradas pelo vendedor e da falta daquelas que são necessárias para a sua própria finalidade. II - Não ocorre a hipótese prevista no artigo 914 do Código Civil se nada foi alegado e provado acerca do desconhecimento pelo vendedor, sem culpa sua, do vício ou da falta de qualidade de que padece a coisa vendida. III - Se os factos provados denunciam mau funcionamento do veículo vendido, pela sua manifesta inaptidão para o uso a que é destinado, a disposição aplicável ao caso é a do artigo 921 do Código Civil, que não exige a identificação da causa do defeito nem culpa do vendedor...
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