Acórdão nº 9830934 de Court of Appeal of Porto (Portugal), 03 de Dezembro de 1998 (caso NULL)
| Magistrado Responsável | VIRIATO BERNARDO |
| Data da Resolução | 03 de Dezembro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1220 ART1221 ART1222.
Jurisprudência Nacional: AC STJ DE 1995/03/14 IN BMJ N445 PAG464. AC STJ DE 1993/05/11 IN CJSTJ T1 ANOI PAG97.
Sumário: I - No contrato de empreitada, havendo defeitos de execução da obra, a lei estabelece a seguinte prioridade: eliminação dos defeitos a exigir ao empreiteiro; nova construção, sendo impossível a eliminação; e redução do preço ou resolução do contrato, reportando-se a resolução ao caso de os defeitos tornarem a obra inadequada ao fim a que se destina. II - A obra é inadequada ao fim a que se destina quando seja completamente diversa da encomendada ou quando...
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