Acórdão nº 9820593 de Supremo Tribunal Administrativo (Portugal), 16 de Junho de 1998 (caso None)
Magistrado Responsável | NORMAN DE MASCARENHAS |
Data da Resolução | 16 de Junho de 1998 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR ECON - DIR SEG. DIR CIV - DIR CONTRAT.
Legislação Nacional: DL 48871 DE 1969/02/19 ART1 N1 ART197 ART198 N1 ART199 N1 N2 ART204 N1 N2 N4 ART217 N1 N2 N3 ART218 N1 N2 N3 ART224.
Sumário: I - O " seguro de caução " forma específica da caução bancária está regulado no Decreto-Lei n.183/88, de 24 de Maio, com as alterações introduzidas pelo Decreto-Lei 127/91, de 22 de Março e tem vasto campo de aplicação nos artigos 104 e seguintes do Decreto-Lei 405/93, de 10 de Dezembro que, apesar de várias alterações posteriores, é o diploma base que hoje disciplina o regime das empreitadas de obras públicas. II - No decurso da empreitada, até à sua liquidação final, o Estado ou o organismo autónomo retêm os " depósitos de garantia ", as " importâncias ainda em dívida " e a " caução ", sendo desse valor que saiem os pagamentos das quantias reclamadas pelos terceiros e que o empreiteiro não prove haver, entretanto, satisfeito. III - O dono da obra, dada a sua especial situação de autoridade e em prol do seu bom nome e reputação assume assim a obrigação de garantir o adimplemento dos compromissos assumidos e o ressarcimento dos danos causados pelo empreiteiro com quem contratou, recorrendo embora a um simples processo de retenção. IV - O valor retido terá as seguintes aplicações: a) As importâncias correspondentes a reclamações confessadas...
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