Editor Juruá Editora
Author(s) Nuno Manuel Pinto Oliveira
Year 2015
Availability for sale
Synopsis Jhering said that the theme of generic selling was “of paramount importance to civil relations.” The present work deals with the relation between the regimes of the specific sale and the generic sale.
The Portuguese Civil Code makes a “fundamental difference in regime” between the specific sale and the generic sale. The specific selling regime would be inspired by the error paradigm. The general sale regime, in the paradigm of non-compliance, in the modality of defective fulfillment. The Brazilian Civil Code means that there is no fundamental difference between the two types of sale. The scheme of redibitory vices apparently applies to the specific sale and the generic sale.
The confrontation between Portuguese law and Brazilian law will undoubtedly contribute to a better interpretation and integration of the principles and rules of the two systems.