Acórdão nº 086341 de Supremo Tribunal de Justiça (Portugal), 22 de Junho de 1995 (caso NULL)
Magistrado Responsável | COSTA SOARES |
Data da Resolução | 22 de Junho de 1995 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M PINTO TEOR GER 3ED PAG447. A VARELA RLJ ANO122 PAG308. P LIMA A VARELA ANOT VOLI 4ED NOTA ART236. A COSTA OBG 5ED PAG861.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART236 N1 ART238 N1 ART406 N1 ART437 ART473 N1 ART551 ART777 N1 N2 ART805 N1 N2 E N3 ART806 N1. CPC67 ART661 N1 N2 ART668 N1 C E ART712 N1 A ART716.
Jurisprudência Nacional: AC STJ DE 1991/11/17 IN BMJ N411 PAG513. AC STJ DE 1992/06/02 IN BMJ N414 PAG424. AC STJ DE 1993/05/18 IN CJSTJ ANOI T2 PAG109. AC STJ DE 1993/04/29 IN CJSTJ ANOI T2 PAG73.
Sumário : I - Não há oposição entre a decisão e os fundamentos, se, apesar da empreitada em causa respeitar apenas aos "toscos", no entanto com acordo posterior entre a primitiva Autora e o Réu ficou acordado que ela também faria os acabamentos, com vista à constituição da propriedade horizontal, o que ela não cumpriu, tendo o Réu de o fazer. II - Daí a condenação da Autora, para se evitar um enriquecimento sem causa, não havendo violação do artigo 668, n. 1, alínea c) do Código de Processo Civil. III - Também não existe a violação do artigo 661, ns. 1 e 2 do Código de Processo Civil - nulidade do artigo 668, n. 1, alínea e) desse Código, se, não podendo condenar-se a Autora na quantia certa pedida pelos Réus em reconvenção, se condenou a mesma no que se apense em liquidação e execução de sentença, o que é permitido pelo n. 2 desse artigo 661. IV - Tendo os Réus sido condenados em alternativa...
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