Acórdão nº 0071541 de Supremo Tribunal Administrativo (Portugal), 26 de Abril de 1994 (caso None)
Magistrado Responsável | PEREIRA DA SILVA |
Data da Resolução | 26 de Abril de 1994 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: P LIMA A VARELA COD CIV ANOT 3ED II PAG217. GALVÃO SILVA DA RESPONSABILIDADE CIVIL DO PRODUTOR PAG209. M P O DIREITO 121 PAG292.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART913 ART914 ART917.
Jurisprudência Nacional: AC STJ DE 1979/12/18 IN BMJ N292 PAG357. AC STJ DE 1980/06/26 IN BMJ N298 PAG300. AC STJ DE 1981/05/26 IN MBJ N307 PAG257. AC STJ DE 1984/01/19 IN BMJ N333 PAG433. AC STJ DE 1988/11/29 IN BMJ N381 PAG690. AC STJ DE 1991/04/24 IN BMJ N406 PAG634.
Sumário: I - É em função das conclusões da apelação do recorrente que se determina o âmbito do recurso, este só abrangendo as questões aí contidas. II - Constitui jurisprudência largamento dominante ser o regime jurídico previsto nos arts. 913 e seguintes do C. Civil, não, pois, o constante dos arts. 1218 e seguintes do referido diploma, o que deve observar-se face a contratos de compra e venda de imóveis já construídos, destinados por sua natureza a longa duração, com vícios ou defeitos de construção, mesmo que vendidos directamente pelo construtor, na ausência de cláusulas estipuladas em conformidade com o da liberdade contratual a que alude o art. 405 do C. Civil. III -...
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