Judgment of the Supreme Court of Justice of 2013-07-04

International Jurisdiction in Contracts for the Sale of Goods

In this judgment, the Supreme Court of Justice, taking into consideration article 2(1) of Council Regulation (EC) No. 44/2001 of 21-12-2000, held that, in an international contract for the sale of goods, whose provisions identified the registered office of the purchaser, located in French territory, as "Form of Shipment – CUSTOMER’S ACCOUNT AND RISK" and "Unloading Location", the latter (unloading location) constitutes the place of performance of the obligation to deliver the goods sold, for which reason it is to the courts of the country of the seller that all disputes arising from this contract should be referred

Judgment of the Supreme Court of Justice of 2013-06-25

Power of Attorney – Self dealing transaction

In this judgment, the Supreme Court of Justice considered that, notwithstanding the fact that a power of attorney under which the representative sold, in the name and on behalf of the principal, and bought, in his own name, a given property, permitted self dealing transactions "for the price, under the conditions and with the clauses he may deem fit and conclude transactions with himself", such power of attorney does not constitute a "blank cheque" and the representative must conclude the transaction for the current market price, failing which the transaction will have no effect should it eventually not be ratified, as was the case. The court further considered that the statement of the representative, in the name and on behalf of the principal, set forth on the public deed, that the price had been received, could be considered false, in spite of the fact that it appeared on an official document, where the court is capable of so inferring based on its experience.

Judgment of the Court of Appeal of Porto of 2013-07-04

Urban Lease – Exception of non performance

The Court of Appeal of Porto considered that the tenant of a building that is not fit to be inhabited cannot be exempted from paying the corresponding rent on grounds of the lack of habitability conditions of the building if, at the same time, he continues to permanently reside in the building.