A anulabilidade por erro ou dolo nos regimes jurídicos da venda de bens onerados e de coisas defeituosas

: fundamentos e pertinência

Abstract

The drafting of the present work is intended to, briefly, point out, the main issues of the sale and purchase agreement as it is regulated in Portuguese Civil Code. It is intended to specifically review the connection made to the legal concept of error or willful misconduct in the sale and purchase of defective and encumbered goods. Therefore, a brief review of the legal concept of hidden defect, as well as the regulatory systems shall be made, notwithstanding a quick reference to the legal concept of error or willful misconduct. The basis of this work is intended to establish the incoherence of this regulatory system in terms of the sale of actual goods, due to the existence of a hybrid regulatory system, unable to effectively protect the purchaser. Furthermore, a revision shall be carried out, of the different opinions issued by several authors, who have tried to reach a more secure and consensual solution, examining the answers which are better suited for this subject. The main goal of this work is to determine the need for a standard sale and purchase agreement, considering, mainly, the Decree of Law nº 67/2003, enacted on the 8th April, which transposed to Portuguese legal system the 1999/44/ EC Directive, from the European Parliament and Counsel, enacted on 25th May, regarding certain aspects of the sale of consumer goods and their warranties. The Portuguese Decree has established great disparities as it is not applicable whenever the legal relationship established is between other people than a professional and a consumer. The transposition of the aforesaid Directive, in several European legal systems shall be assessed, mainly the German one, which will be taken as a reference for a possible solution for the issues arising from the sale and purchase agreement. We strongly defend updating the Portuguese Civil Code by creating a standard legal form for the sale and purchase agreement.

Date of Award	2 Mar 2016
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	José Carlos Barros Brandão Proença (Supervisor)