A (des)conformidade na compra e venda de coisa defeituosa

Abstract

This article aims to carry out an analysis of the protection systems of the consumer to whom defective goods are supplied under a purchase contract, especially in the purchase and sale of movable goods. For this purpose, we begin this study with a brief analysis of the paradigmatic regime of the purchase and sale contract. Furthermore, we focus our attention on the analysis of the regime of the purchase and sale of defective things set forth in the Portuguese Civil Code, in an attempt to understand if and how the adopted concept currently responds to the consumer’s rights, assures the seller's role and corresponds to the requirements resulting from the general principles of Law. Subsequently, we inquire the current special regime of consumer buying and selling and its specificities, so that we can understand, from the outset, if the recent legislative change translates into a positive change, capable of ensuring the protection of the subjects that include the consumption subject (in particular, consumer rights), as well as, respond to the challenges that currently arise in Consumer Law. In conclusion, we will try to understand, in a critical way, how the consumer is currently more protected – either in the wake of the Portuguese Civil Code, or in view of the current diploma on Consumer Law - , presenting, finally, what is, in our point of view, the ideal solution.

Date of Award	7 Dec 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria João Sarmento Pestana de Vasconcelos (Supervisor)