Acórdão nº 076988 de Supremo Tribunal Administrativo (Portugal), 24 de Janeiro de 1989 (caso None)
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 24 de Janeiro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR JUDIC - ORG COMP TRIB. DIR CIV - TEORIA GERAL / DIR OBG.
LegislaÁ„o Nacional: LOTJ87 ART29. CCIV66 ART313 ART317 ART323 ART498. DESP DO SECRETARIO DE ESTADO DAS OBRAS PUBLICAS DE 1981/03/11.
Sum·rio : I - O Supremo Tribunal de JustiÁa so conhece de materia de direito, desde que n„o tenha sido violada qualquer norma relativa a regras de prova. II - A interpretaÁ„o dos contratos validamente celebrados entre as partes constitui materia de facto, estranha a competencia do Supremo Tribunal de JustiÁa. III - Numa acÁ„o contra o Estado, em que se pede o pagamento de uma indemnizaÁ„o decorrente da suspens„o definitiva de um projecto de obras publicas, o facto de o Secretario de Estado de Obras Publicas reconhecer a possibilidade de existencia de prejuizos dos projectistas, constitui acto interruptivo da prescriÁ„o, com caracter de instantaneidade. IV - A responsabilidade civil do Estado resultante do n„o cumprimento do contrato reveste-se de natureza contratual. V - Mas, atento o facto de o autor ter outorgado o contrato na qualidade de arquitecto, englobando aquele apenas a prestaÁ„o de serviÁos, prefigura uma situaÁ„o juridica de credito proveniente de serviÁo prestado no...
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