Case law

  • Case Details
    • National ID: 1737/12.7TBVCT-D.G1.S1
    • Member State: Portugal
    • Common Name:link
    • Decision type: Supreme court decision
    • Decision date: 05/11/2015
    • Court: Supreme Court of Justice
    • Subject:
    • Plaintiff: CAIXA EE, S.A
    • Defendant: AA, BB, CC and DD
    • Keywords: information requirements, unfair terms
  • Directive Articles
    Unfair Contract Terms Directive, link
  • Headnote
    The circumstances attending the negotiation and conclusion of a contract must be taken into account in assessing the compliance with the information requirements set forth in articles 5 and 6 Decree-Law No. 446/85 of 25 October.
  • Facts
    The plaintiff filed a civil action against the defendant claiming that the defendant was the guarantor of a loan agreement which was breached by the relevant borrowers due to lack of payment. The defendant claimed that he should not pay any amount based on the fact that objective and subjective circumstances attending the negotiation and conclusion of the contract did not allow the defendant to fully understand its content.
  • Legal issue
    The court considered that all circumstances related to the negotiation and conclusion of the contract, whether objective or subjective, shall be taken into account in assessing the compliance with the information requirements set forth in articles 5 and 6 Decree-Law No. 446/85 of 25 October.
  • Decision

    Shall the circumstances attending the negotiation and the conclusion of a contract be taken into account in assessing the compliance with the information requirements set forth in articles 5 and 6 Decree-Law No. 446/85 of 25 October?

    URL: http://www.dgsi.pt/jstj.nsf/954f0ce6ad9dd8b980256b5f003fa814/651e281e89e5ac5280257ef8003cc347?OpenDocument&Highlight=0,1737

    Full text: Full text

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  • Result
    The court upheld the first instance court's judgment.