Algumas questões jurídicas da venda de bens alheios

Abstract

Although under a summarizing light, the present report aims to dismember the concept of the purchase and sale of goods of others, and their assumptions, previously passing through the delimitation of the concept of purchase and sale agreement, in order to understand the ratio of certain solutions, evaluating their logic, and allowing, ultimately, to conclude in which legal direction this contract points - if to invalidity or to problem-solving. Thus, it is essential to decompose this legal business, and it is up to us to analyze in detail each aspect in which it manifests itself, from the concept of selling goods of others, according to the Portuguese Civil Code in force, to the question whether the true owner of the good, being a strange to the contract of sale of the thing that belonged to him, will or will not have legitimacy to bring an action for nullity. In due course, we will deepen the nature of the effects of the purchase and sale contract, not only from the perspective of the character of obligation, but also from the perspective of the real nature of the sale. Here, it proved profitable to shed a general look to foreign jurisdictions. Other issues, which raised our curiosity, emerged while doing this research, such as the validity of the promissory contract of sale of goods of others, the dichotomy between the rules applicable to this contract in the current Civil Code and in the Commercial Code (according to which this business is sanctioned, not through nullity, but through inefficiency), among other matters. Finally, to complete this brief survey on some of the legal issues associated with this type of contract, we will consider the legal value of this legal business, on its two perspectives. First of all, on the relationship between the parties and, secondly, in relation to the holder of the right sold.

Date of Award	4 Nov 2014
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Agostinho Guedes (Supervisor)