Acórdão nº 076997 de Supremo Tribunal Administrativo (Portugal), 24 de Maio de 1989 (caso None)
| Magistrado Responsável | MARTINS DA COSTA |
| Data da Resolução | 24 de Maio de 1989 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: M CAETANO MANUAL ADM VOLI 8ED PÁG523. DIR ANO72 PÁG240.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL. DIR JUDIC - ORG COMP TRIB. DIR ADM.
Legislação Nacional: CCIV66 ART219 ART405 ART406 ART559 ART805 N1 ART879 C. DL 129/84 DE 1984/04/27 ART51 N1 B. LOTJ87 ART14. DL 390/82 DE 1982/12/17 ART9. CADM40 ART77 N1 ART815 PAR2. DL 100/84 DE 1984/03/29 ART52 N1 ART81 N1 F. PORT 477/80 DE 1980/07/31. PORT 581/83 DE 1983/05/17. PORT 339/87 DE 1987/04/14. CPC67 ART26 ART288 ART467 ART471 ART510 ART665 ART667.
Sumário : I - A venda de materiais do seu comércio pela Autora à Ré, Câmara Municipal agindo esta, não como ente público mas, como qualquer particular, constitui um contrato de compra e venda, de natureza civil, sendo o tribunal comum o competente para julgar a acção de falta de pagamento do respectivo preço, não estando afecto a qualquer forma especial. II - O contrato administrativo tem como condição essencial e elemento típico o fornecimento de material que seja contínuo. III - Competindo às Câmaras Municipais instaurar pleitos defender-se neles, na acção proposta contra a Câmara Municipal relativa àquela venda, esta é parte...
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