Acórdão nº 0224747 de Court of Appeal of Porto (Portugal), 13 de Novembro de 1990
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 13 de Novembro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO. AGRAVO.
Decisão: NEGADO PROVIMENTO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART653. DL 48871 DE 1969/02/19 ART199 N2 N3.
Sumário: I - A caução definitiva prestada em empreitadas de obras públicas tem por função garantir o cumprimento das obrigações assumidas pelo empreiteiro perante a administração e, subsidiariamente, garantir os créditos de terceiros cuja reclamação é permitida no inquérito administrativo. II - A função da caução definitiva impõe que a mesma permaneça apesar de o contrato de empreitada caducar por falecimento ou declaração de falência do empreiteiro. III - Os diversos modos de prestação de caução ( depósito de dinheiro, títulos, garantias bancárias ) destinam-se sempre a desempenhar as funções da própria caução. IV - A garantia bancária desempenhando tal função tem natureza autónoma. V - Os credores referidos no artigo 198 do Decreto-Lei n. 48871 têm de reclamar o seu crédito no inquérito administrativo, apesar de declaração de falência...
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