Acórdão nº 98B288 de Supremo Tribunal Administrativo (Portugal), 04 de Junho de 1998
| Magistrado Responsável | ALMEIDA E SILVA |
| Data da Resolução | 04 de Junho de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART349 ART1221 N1 ART1222 N1 ART1223.
Sumário : I - Não tendo anteriormente - nomeadamente na contestação - sido suscitada pelo dono da obra a questão do excesso do preço por metro quadrado da obra realizada, não pode esta ser levantada na fase de recurso e, como questão nova que não é de conhecimento oficioso, não pode ser conhecida pelo tribunal de recurso. II - A Relação pode tirar ilações de um ou mais factos conhecidos (provados) para firmar um facto desconhecido. III - Há nulidade do acórdão quando a Relação condena a ré no pagamento de juros, cuja contagem faz a partir de data anterior à indicada pela própria autora na petição inicial. IV - A excepção do incumprimento, no caso de contrato de empreitada, só pode ser deduzida pelo dono da obra, no caso de o empreiteiro interromper esta, sem justa causa, ou esta não se processar segundo o...
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