Acórdão nº 9621134 de Supremo Tribunal Administrativo (Portugal), 16 de Setembro de 1997 (caso None)
| Magistrado Responsável | DURVAL MORAIS |
| Data da Resolução | 16 de Setembro de 1997 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR CIV - DIR CONTRAT / DIR RESP CIV.
Legislação Nacional: CCIV66 ART812 N1 ART1207. CPC67 ART650 F ART712 N2 N3.
Jurisprudência Nacional: ASS STJ 14/94 IN DR IS-A 1994/10/04. AC STJ DE 1993/01/14 IN CJSTJ T1 ANOI PAG41. AC RP DE 1991/04/08 IN CJ T2 ANOXVI PAG256. AC RP DE 1993/11/23 IN CJ T5 ANOXVIII PAG225.
Sumário: I - Num contrato de empreitada, fixada entre as partes uma indemnização a título de cláusula penal e pedida tal indemnização pela ré em reconvenção, atento o incumprimento tempestivo da empreitada pela autora, compete a esta colocar-se em posição de discutir a excessividade da cláusula penal estabelecida, designadamente por via de excepção, carreando para os autos os elementos que permitam ao tribunal diminuir o valor da indemnização. II - Assumindo o conhecimento da data da recepção provisória da...
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