Acórdão nº 0123421 de Court of Appeal of Porto (Portugal), 03 de Abril de 1990
Magistrado Responsável | METELLO DE NAPOLES |
Data da Resolução | 03 de Abril de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1221 ART1223.
Sumário: I - Se a apelante, embora apontando a nulidade da sentença, não concretiza qual o fundamento dessa pretensa nulidade, tem de entender-se que não chega a haver a arguição de qualquer nulidade, o que obsta ao seu conhecimento pela Relação. II - De igual modo se deve concluir se se invoca, nas conclusões da alegação, uma contradição nas respostas aos quesitos, que não vem minimamente fundamentada naquela. III - Dizer-se, em artigo de contestação que a "A. se recusa..." é tão só o remate conclusivo de uma alegação que não existe se não foi feita através de factos simples, consistentes em pedido concretamente feito à A. e devidamente narrado no articulado, com menção da resposta da A. perante tal pedido. IV - O artigo 1221 do Código Civil não confere ao dono da obra o direito de, por si, ou por intermédio de terceiro, eliminar os defeitos ou reconstituir a a obra à custa do empreiteiro. V - O dono da obra não pode vir pedir directamente ao empreiteiro o custo...
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