Acórdão nº 9721320 de Court of Appeal of Porto (Portugal), 12 de Novembro de 1998
Magistrado Responsável | JOÃO VAZ |
Data da Resolução | 12 de Novembro de 1998 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS.
Legislação Nacional: CCIV66 ART497 ART524 ART1209 ART1212 ART1348 N1 N2.
Jurisprudência Nacional: AC STJ DE 1996/05/28 IN BMJ N457 PAG317.
Sumário: I - O artigo 1348 do Código Civil refere-se expressamente, ao proprietário do prédio quando ali se consente que nele se façam escavações, pelo que não pode deixar de ser aquele que o mesmo normativo alude, quando, no seu n.2 impõe sobre o seu autor a obrigação de indemnizar os proprietários vizinhos pelos danos que lhes causam. II - E não é o facto de tais obras terem sido levadas a cabo por intermédio de empreiteiro que o dono do prédio deixa de ser responsável por aqueles danos dela decorrentes. Muito embora também incida sobre o empreiteiro a responsabilidade por tais danos ( pois que foi ele quem, directamente lhes deu causa ), o dono do prédio não deixa de ser " dono da obra ", como expressivamente a lei se refere nos artigos 1209 e 1212 do Código Civil. III - E ser " dono da obra " implica o direito e dever de a fiscalizar, por forma a que seja executada de harmonia com o contrato, integrando na sua propriedade todos os materiais que ali foram sendo incorporados. IV - Não se pode dizer que o dono do imóvel perde a ligação com este em virtude da autonomia do empreiteiro no que respeita à realização dos trabalhos. Muito embora o empreiteiro execute a obra...
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