constructive acceptance
[/kənˈstrʌktɪv əkˈsɛptəns/]
nounpl: constructive acceptances
aceitação construtiva
1. A legal doctrine in contract and commercial law where acceptance of goods or services is deemed to have occurred by the buyer's conduct or actions, even without explicit verbal or written acceptance
The buyer's constructive acceptance of the defective shipment occurred when he began reselling the goods without objection.
A aceitação construtiva da remessa defeituosa ocorreu quando o comprador começou a revender os produtos sem objeção.
2. In UCC (Uniform Commercial Code) law, the act of taking possession of goods or performing any act inconsistent with the seller's ownership after rejecting them
Under constructive acceptance provisions, the customer's use of the equipment implied agreement with the terms.
Sob as disposições de aceitação construtiva, o uso do equipamento pelo cliente implicava concordância com os termos.
This is primarily a legal and commercial term used in business transactions and contract disputes. It is more commonly encountered in American common law jurisdictions (especially under the UCC) than in Brazilian civil law, though its concepts are relevant in Brazilian commercial law. The term reflects the practical reality that parties' conduct often speaks louder than their words in determining contractual obligations.
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