Acórdão nº 98A768 de Supremo Tribunal Administrativo (Portugal), 13 de Outubro de 1998 (caso None)
Magistrado Responsável | ARAGÃO SEIA |
Data da Resolução | 13 de Outubro de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC67 ART205 ART618 ART636 ART640 ART646 N4 ART653 N2. CCIV66 ART219 ART222 N1 ART224 N1 ART394 N1 ART1207 ART1208 ART1218 N2 ART1219 N1 ART1224.
Jurisprudência Nacional: AC STJ DE 1995/03/14 IN BMJ N495 PAG917.
Sumário : I - São aparentes os vícios visíveis ou reconhecíveis, podendo o dono da obra provar que não tinha conhecimento deles, não obstante a sua aparência. II - A simples denúncia dos defeitos da obra ao empreiteiro é condição para a não caducidade dos direitos conferidos pelos artigos 1220 e 1223, do C. Civil, dela dependendo, portanto, o exercício dos direitos a eles relativos. III - A denúncia não constitui exigência para a eliminação dos defeitos, nova construção, redução do preço ou resolução do contrato. IV - A sua falta, dentro de 30 dias a contar do descobrimento dos defeitos, tem como consequência considerar-se que a obra foi aceite com todos os defeitos que podiam ser diminuídos e não o foram; feita em tempo, tem de considerar-se excluída a aceitação da obra. V - Recebida a obra sob reserva ou constatados...
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