Acórdão nº 9120864 de Court of Appeal of Porto (Portugal), 17 de Novembro de 1992
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 17 de Novembro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1221 ART884 N2 ART405 ART804 N1 ART805 N1 ART806 N1 ART1212 N1 ART1218 N5. CPC67 ART661 N2. DL 235/86 DE 1986/08/16 ART195 N2.
Jurisprudência Nacional: AC RE DE 1987/10/15 IN CJ ANOXII T4 PAG293.
Sumário: I - O regime do contrato de empreitada contido no Código Civil, particularmente no artigo 1221, perseguindo o interesse de ordem pública da solução eticamente mais razoável, isto é, daquela que permite um maior equilibrio dos interesses conflituantes, não pode ser afastado pelas partes contraentes, optando estas pelas disposições legais previstas no Decreto-Lei n. 235/86, de 18 de Agosto. II - Quando, para os efeitos do artigo 884, n. 2 do Código Civil, não tenha havido uma resposta em conjunto dos três peritos, nem seja possível harmonizar as respostas destes, deve deixar-se para a execução de sentença a liquidação do respectivo montante. III - A garantia bancária é uma garantia autónoma, onde o garante não pode invocar os meios de defesa do devedor e responde solidariamente com este. IV - Dado conhecimento ao garante da...
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