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Case Details

Case Details
National ID 4B4400
Member State Portugal
Common Name link
Decision type Other
Decision date 15/03/2005
Court Supremo Tribunal de Justiça (Supreme court)
Subject
Plaintiff
Defendant
Keywords

Consumer Sales and Guarantees Directive, Article 3, 2.

Judgment concerning the rights of the consumer in consumer sales contracts.
A and B celebrated a contract by which the first, a professional, sold a car to the second. The object was a defective one.
If someone sells a defective car, he has a right to the repair or the replacement of the object under Articles 914 Civil Code - and also under Article 12, paragraph 1 of Law No 24/96 of 31 July. But that does not constitute a pure alternative or option offered to the buyer: first the seller is obligated to eliminate the defect. Only if it is not possible or it is too costly, the buyer may request the replacement of the car by another of the same type or model.
The delay in the removal of the defect by itself does not confer the right to replace the thing, because, previously, it must take place the conversion of the delay into the non-fulfilment of the duty, and for that it is necessary to demand extra judicially the debtor.
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