Acórdão nº 99A172 de Supremo Tribunal de Justiça (Portugal), 15 de Junho de 1999 (caso NULL)
| Magistrado Responsável | MARTINS DA COSTA |
| Data da Resolução | 15 de Junho de 1999 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART428 N1 ART1218 ART1223. CIVA84 ART2 N1 ART26 ART28 N1 B ART36.
Jurisprudência Nacional: AC STJ DE 1980/10/15 IN BMJ N300 PAG364.
Sumário : I - A excepção de não-cumprimento só pode ser oposta, em princípio, pelo contraente cuja prestação deva ser feita depois da do outro (artigo 428 n. 1 CC). II - Em contrato de empreitada, se estiver obrigado a pagar a última prestação do preço na data da conclusão da obra, o dono desta só pode, em regra, invocar aquela excepção de não-cumprimento, por existência de defeitos, se então já tiver exercido algum dos...
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