Acórdão nº 076724 de Supremo Tribunal Administrativo (Portugal), 31 de Janeiro de 1989 (caso None)
Magistrado Responsável | SOARES TOME |
Data da Resolução | 31 de Janeiro de 1989 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART804 N2 ART805 N2 ART808 ART1227 ART1229 ART1691 N1 A. CPC67 ART138 ART664 ART667 N2 ART668 N1 C ART715 ART731.
Sumário : I - A mora, por si so, não da direito ao dono da obra de resolver o contrato de empreitada, so existindo esse direito - artigo 808 do Codigo Civil - no caso de ter perdido, por causa da mora, o interesse na construção da casa ou não ser a construção feita dentro do prazo razoavel que o dono da obra fixasse ao empreiteiro, em mora, para definitivamente cumprir. II - O juiz não esta sujeito as alegações das partes quanto a definição juridica a dar aos factos provados - artigo 664 do Codigo de Processo Civil; e, ao proceder assim, o juiz não julga com base em causa de pedir diversa da trazida pela parte. III - Não tendo o empreiteiro feito a obra no prazo acordado, pedindo-lhe o dono da mesma a planta, dizendo-lhe que não queria que ele a continuasse, embora o empreiteiro se prontificasse a continua-la pelo mesmo preço, tendo o dono da obra, sem...
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