Direitos do terceiro adquirente do consumidor na desconformidade da coisa com o contrato | 2017

Author(s) Daniela Patrícia Guedes Sousa
Advisor(s) Fernando Gravato Morais
Year 2017

Synopsis The object of this dissertation comprehends the consumer’s rights of the third acquirer when in a transaction the good is defective, regarding the consumer goods market. We intend to show, first the guidelines of the system of consumer rights regarding the items default in the contract, arising from the Decree-Law n.º 67/2003, of 8 of April, which transposed the Directive n.º 1999/44/CE of both the European Parliament and Council, of 25 of May, regarding certain aspects of the consumer goods market and of its warranties. Essentially, we intend to infer about the content of the 4th article, n.º 6 of the DL n.º 67/2003 that states that “the rights granted by the article are transmitted to the 3rd acquirer of the good”. In this work we will answer the following questions: 1 – Which are the rights of the 3rd acquirer? 2 – Are all rights of the 4th article of the DL n.º 67/2003 transmitted to the 3rd acquirer or are there non-transferable rights? 3 – Who is the 3rd acquirer worthy of this protection offered by the law? 4 – Against who and in which way can the 3rd acquirer enforce his rights? 5 – What is the goal of this consumer rights transmission to the 3rd acquirer?

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