Explaining the rules governing the sale of defective goods in the context of misrepresentation and “culpa in contrahendo”: a hypothesis revisited in memory of Professor Doctor Pedro Romano Martinez

The Portuguese legislator's choice to regulate the sale of defective goods within the framework of misrepresentation and “culpa in contrahendo” was criticized from the outset, and some of Portugal's most illustrious jurists have spoken out about it; more than fifty years after the Civil Code came into force, and although the question remains open, the prevailing view, particularly among the Supreme Court of Justice, seems to be that the regime for the sale of defective goods provided for in articles 913 and ss. of the Civil Code combines aspects of misrepresentation and breach. Perhaps in contrast, an interpretative hypothesis is being put forward, albeit in broad strokes, in line with what appears to have been the legislative option.
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