Acórdão nº 9220103 de Court of Appeal of Porto (Portugal), 25 de Maio de 1992
Magistrado Responsável | AZEVEDO RAMOS |
Data da Resolução | 25 de Maio 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 ART343 N2 ART1218 N1 N5 ART1219 ART1220 N1 ART1221 ART1222 ART1223.
Jurisprudência Nacional: AC STJ DE 1974/01/11 IN BMJ N233 PAG162. AC STJ DE 1976/07/13 IN BMJ N259 PAG212. AC RP DE 1973/04/13 IN BMJ N277 PAG216. AC RP DE 1984/02/09 IN CJ ANOIX T1 PAG235. AC RP DE 1989/04/11 IN CJ ANOXIV T2 PAG217.
Sumário: I - No contrato de empreitada, em caso de vício aparente, recai sobre o dono da obra o ónus de provar a falta de aceitação ou a aceitação com reservas; mas cabe ao empreiteiro fazer a prova de que, à data em que o dono da obra efectuou a denúncia dos defeitos, tinha já decorrido o prazo de 30 dias a que se refere o artigo 1220, nº 1 do Código Civil. II - O lesado com a defeituosa execução da obra, para se ressarcir dos seus prejuízos terá de subordinar-se à ordem estabelecida nos preceitos dos artigos 1221, 1222 e 1223 do Código Civil: exigir, em primeiro...
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