Acórdão nº 0095922 de Supremo Tribunal Administrativo (Portugal), 11 de Maio de 1995 (caso None)
Magistrado Responsável | EDUARDO BAPTISTA |
Data da Resolução | 11 de Maio de 1995 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART247 ART251 ART563 ART798 ART799 N1 ART905 ART909 ART913 ART915. CPC67 ART664.
Jurisprudência Nacional: AC STJ DE 1980/04/10 IN BMJ N296 PAG173. AC STJ DE 1983/03/07 IN BMJ N325 PAG583. AC STJ DE 1993/01/17 IN CJ T1 PAG61. AC STJ DE 1990/04/03 IN BMJ N396 PAG376. AC STJ DE 1992/01/15 IN BMJ N413 PAG503.
Sumário: I - Se os factos provados plenamento por documentos não tiverem sido alegados pelas partes, não podem ser tomados em conta pelo Tribunal; II - O cumprimento defeituoso equipara-se para efeitos de responsabilidade contratual ao incumprimento; III - Não se tendo demonstrado o nexo causal entre os problemas de saúde do autor e o cumprimento defeituoso da ré, não são aqueles passíveis de indemnização; IV - A venda de coisa defeituosa está sujeita ao regime especial dos arts. 913 a 922 do CC, podendo o comprador, além do mais, pedir a anulação do contrato se ocorreram os...
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