Acórdão nº 078755 de Supremo Tribunal Administrativo (Portugal), 06 de Dezembro de 1990 (caso None)
Magistrado Responsável | JORGE VASCONCELOS |
Data da Resolução | 06 de Dezembro de 1990 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: MANUEL ANDRADE IN NOÇÕES ELEMENTARES DE PROCESSO CIVIL PAG31.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART10 ART828 ART1220 ART1221 ART1222 ART1223 ART1224. CPC67 ART933.
Sumário : I - Havendo defeitos na obra realizada ao abrigo do contrato de empreitada, mesmo em caso de manifesta urgencia, tem de ser exigida ao empreiteiro a eliminação dos defeitos pelo dono da obra, sem que este possa, por si ou por outrem, elimina-los a custa daquele, o que so podera obter em execução de previa condenação judicial. II - Na verdade, o disposto no artigo 10 d...
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