Acórdão nº 071515 de Supremo Tribunal de Justiça (Portugal), 08 de Março de 1984 (caso NULL)
Magistrado Responsável | SANTOS SILVEIRA |
Data da Resolução | 08 de Março de 1984 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: V SERRA RLJ ANO105 PAG288 E ANO108 NOTA10 E BMJ N67 PAG37. A VARELA ANOI VOLII PAG733 3ED. V SERRA BMJ N67 PAG39.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART406 N1 ART428 N1 ART777 ART799 ART804 ART805 ART808 ART884 ART1207 ART1208 ART1211 N2 ART1218 ART1219 ART1220 ART1221 ART1222 N1 ART1223. CPC67 ART691 N2.
Legislação Estrangeira: CCIV REPUBLICA FEDERAL ALEMã PAR634 2.
Sumário : I - O artigo 428, n. 1, do Código Civil, é de aplicar nos casos de incumprimento parcial e de cumprimento defeituoso. II - No contrato de empreitada podem ter aplicação a "exceptio non adimpleti" contractus e a "exceptio non site adimpleti contractus", além do exercício dos direitos reconhecidos ao dono da obra nos artigos 1221, 1222 e 1223 do Código Civil. III - O...
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