Análise do regime jurídico da venda de bens alheios

Abstract

The Portuguese law legislator created a specific regime of nullity of the civil sale of an acquisition of a third parties goods, by establishing rules that are different from the general regime of nullity. The present dissertation aims to analyze the specificities of this regime. For this purpose, we will begin by delimiting the concept of a purchase and sale contract and its respective effects, seeking, through subsequent reference to certain foreign legal systems, to understand whether the configuration of the purchase and sale contract itself influences the construction of this legal regime. Taking as a starting point a brief reference to the most recent history of the regarded contract and the confrontation with the distinct rule enshrined in the Commercial Code, we will also seek a better understanding of the logic behind the established solutions. Furthermore, we will try to answer the question of knowing the motivations of the Portuguese law legislator in choosing this legal option. Finally, we will critically analyze the thesis according to which this sort of acquisition is valid, although resolvable.

Date of Award	5 Sept 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria João Sarmento Pestana de Vasconcelos (Supervisor)