Análise dos prazos de decadência e de prescrição na responsabilidade civil do fornecedor pelos riscos provenientes de vícios ou fato dos serviços ou produtos.

• Autor(a) principal: Santos, Sara Fernandes
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5792
• topic: Responsabilidade Civil; Relações de consumo; Decadência e prescrição

OBJECTIVE: To analyze the decay and prescription periods in the supplier's civil liability for risks arising from defects or the fact of services or products. METHOD: The research, in terms of level, is exploratory in nature; as for the approach, qualitative. The procedure for data collection was based on documentary and bibliographic research. RESULTS: Civil liability arises from the harmful activity of someone who, acting illegally, ends up violating a legal norm, be it legal or contractual, and must answer for the consequences of his act. They constitute presuppositions of civil liability: human conduct being that action or omission, damage or loss, intent or guilt, and finally the causal link. The following are excluded from civil liability: the legitimate defense, state of need, exclusive or competing guilt of the victim, regular exercise of a right and strict compliance with legal duty, act of God or force majeure, non-indemnity clause and fact of a third party. CONCLUSION: The supplier has a consumer relationship with the consumer, for this reason, the Consumer Protection Code applies to both, which aims to maintain a balance in this relationship that, generally, the consumer ends up being harmed. In general, civil liability is exclusive to the supplier, and this liability is strict, since it is the consumption relationship between the supplier and the consumer, and the supplier must launch products or services that are not in any way aggressive to life and consumer health. If the consumer has his right injured, he can choose to seek civil remedy. Decadential or prescription periods depend on the addiction or the fact of the product or service offered by the supplier to the consumer.