• Informações sobre o processo
    • ID nacional: 0852451
    • Estado-Membro: Portugal
    • Designação comum:B v C Lda and D S.A.
    • Tipo de decisão: Outro
    • Data da decisão: 26/01/2009
    • Tribunal: Tribunal da Relação
    • Assunto:
    • Requerente:
    • Requerido:
    • Palavras-chave:
  • Artigos da diretiva
    Doorstep Selling Directive, Article 1, 1. Doorstep Selling Directive, Article 1, 2. Doorstep Selling Directive, Article 1, 4. Doorstep Selling Directive, Article 4
  • Nota introdutória
    In the regime of sales contracts under Decree-Law 143/2001, the lack of performance by the seller of the requirements stated in art. 16, para 1, gives ground to the declaration of contract nullity.
  • Factos
  • Questões jurídicas
  • Decisão

    The Court held that the contracts were signed within the framework of aggressive marketing and sales techniques, with the participation of professionals prepared to win a client at any cost. The consumer’s contract will was not free of pressure. The consumer left his house because of a prize; consequently the sales contract agreed between the parts is equivalent to a “contrato ao domicílio”, i.e. a contract negotiated away from business premises, as stated in DL 143/2001 art. 13 para 2 lit. d) in this wording: “celebrated at the location indicated by the trader, to which the consumer moved at his own risk and account, following a commercial communication made by the supplier or by their representatives”.

    The Court thus understood that DL 143/2001 is to be applied to this case. It was decided that the sales agreement with payment in installment was void, as the seller did not fulfill the legal requirements, as the contract did not include:
    - the dates to pay the installments (DL 143/2011, art. 16, para 1, lit. d);
    - information on guarantee and post-selling assistance, although the nature of the goods would ask for it (DL 143/2011, art. 16, para 1, lit. f);
    - name, address of the person to whom the consumer might exercise his right of rescission within the period stated in art. 18 para 1 (DL 143/2011, art. 16, para 1, lit. g).

    Texto integral: Texto integral

  • Processos conexos

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  • Bibliografia jurídica

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  • Resultado