Acórdão nº 98A1219 de Supremo Tribunal de Justiça (Portugal), 12 de Janeiro de 1999 (caso NULL)
Magistrado Responsável | LEMOS TRIUNFANTE |
Data da Resolução | 12 de Janeiro de 1999 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART334 ART428 ART429 ART1220 ART1224.
Jurisprudência Nacional: AC STJ DE 1993/03/23 IN CJSTJ ANO1993 T2 PAG19. AC STJ DE 1995/03/14 IN BMJ N445 PAG464.
Sumário : I - A excepção de não cumprimento do contrato tanto pode verificar-se nos casos em que o devedor não cumpre a obrigação a que se encontra vinculado, como naqueles em que há um cumprimento parcial ou defeituoso dessa obrigação. II - Porém, no caso de cumprimento defeituoso do contrato não assiste ao credor a faculdade de simplesmente se recusar a cumprir, mas apenas o direito de exigir a eliminação dos defeitos da obra, a redução do preço, a resolução do contrato e uma indemnização. III - Na verdade, perante uma situação de cumprimento defeituoso cumprirá restabelecer o equilíbrio entre a prestação que foi realizada e a contraprestação que se encontra em dívida. IV - A...
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