Acórdão nº 066002 de Supremo Tribunal Administrativo (Portugal), 06 de Janeiro de 1976 (caso None)
Magistrado Responsável | OLIVEIRA CARVALHO |
Data da Resolução | 06 de Janeiro de 1976 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: CPC67 ART365 N1 ART456 N1 ART668 N1 D ART716 ART722 N2 ART729 N2 ART731 N1. CCIV66 ART496 N1 ART556 N3 ART562 ART804 ART1211 N2 ART1218 N5.
Jurisprudência Nacional: AC STJ DE 1964/01/21 IN BMJ N133 PAG389.
Sumário : I - Não há omissão de pronúncia, mesmo que se não tenha tomado conhecimento de todos os argumentos apresentados, desde que se apreciem os problemas fundamentais e necessários á justa decisão da lide. II - O Supremo não conhece de provas nem pode alterar a decisão da 2. instância quanto á matéria fáctica, salvo o caso excepcional previsto no n. 2 do artigo 722 do Código de Processo Civil, que não se verifica, como prescreve o n. 2 do artigo 729 do mesmo Código. III - A norma do n. 2 do artigo 1211 do Código Civil tem natureza supletiva, só sendo de observar na falta de convenção em contrário. IV - Nos termos do n. 5 do artigo 1218 do Código Civil a falta de comunicação de defeitos importa aceitação da obra, com os efeitos previstos no artigo 1219 e noutras disposições, designadamente no artigo 1211, ambos do Código Civil. V - Assim, desde que os recorrentes não fizeram qualquer comunicação de defeitos e sabendo-se que a não fizeram...
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