Acórdão nº 9110448 de Court of Appeal of Porto (Portugal), 10 de Fevereiro de 1992
Magistrado Responsável | ABILIO VASCONCELOS |
Data da Resolução | 10 de Fevereiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: CONFIRMADA A DECISãO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART433 ART434 N1 ART436 ART1207.
Sumário: I - De acordo com o disposto no artigo 436, n. 1 do Codigo Civil pode efectuar-se a resolução do contrato de empreitada com base em facto posterior a celebração do contrato mediante declaração a outra parte, sem embargo de judicialmente poder discutir-se a existencia do direito a resolução; mas não tendo sido posta em causa no processo em que esta em causa a restituição consequente, não tem a resolução que ser objecto de pedido expresso ao juiz. II - Sendo a resolução contratual equiparada, quanto aos seus efeitos; a nulidade ou anulabilidade do negocio juridico e operando...
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