Acórdão nº 9750163 de Supremo Tribunal Administrativo (Portugal), 29 de Setembro de 1997 (caso None)
Magistrado Responsável | ABILIO VASCONCELOS |
Data da Resolução | 29 de Setembro de 1997 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART857 ART1207 ART1211 ART1218 N1 N2 N5 ART1221 N1 ART1222 N1. CPC67 ART489 N1 ART655 N1 ART676 N1 ART680 N1 ART690.
Jurisprudência Nacional: AC RP DE 1989/04/11 IN CJ T2 ANOXIV PAG217. AC RE DE 1988/04/21 IN CJ T2 ANOXIII PAG267. AC STJ DE 1976/07/13 IN BMJ N259 PAG212.
Sumário: I - É constante a jurisprudência no sentido de que os recursos são meios de obter a reforma das decisões dos tribunais inferiores, e não vias jurisdicionais para alcançar decisões novas. II - Assim, não pode no recurso por si interposto a ré contestar, o que não havia feito no articulado próprio, os preços constantes das facturas com que a Autora instruiu o seu pedido, emitidas em conformidade com o orçamento apresentado, por se tratar de questões novas, de factos novos. III - Relativamente ao contrato de empreitada, existe um específico meio de defesa contra os vícios da construção e de que o dono da obra tem de lançar mão para poder recusar a entrega do preço, ou seja, terá que exercer os seus direitos...
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