Acórdão nº 9240849 de Court of Appeal of Porto (Portugal), 27 de Abril de 1993
Magistrado Responsável | MATOS FERNANDES |
Data da Resolução | 27 de Abril de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR PROC CIV. DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CPC67 ART646 N4. CCIV66 ART247 ART251 ART253 N1 ART254 N1 ART1207 ART1247.
Jurisprudência Nacional: AC RL DE 1979/02/06 IN CJ T1 ANOIV PAG139. AC RE DE 1991/02/21 IN CJ T1 ANOXVI PAG304.
Sumário: I - Se é certo que há conceitos oriundos da linguagem jurídica que entraram no vocabulário corrente, não menos certo é que os termos jurídicos só podem ser equiparados a factos quando, no caso concreto, se não dispute sobre o seu sentido, o que faz com que determinado vocábulo possa ser havido como matéria de direito ou de facto consoante a fisionomia da acção. II - É de empreitada o contrato escrito em que um dos outorgantes declara que se compromete a efectuar determinada construção e o outro declara que se compromete a pagar o preço: estão a dizer muito simplesmente que se obrigam, que se vinculam às respectivas prestações debitórias. III - Sabido pelo empreiteiro que à dona da obra só interessava negociar com ele se ficasse a seu cargo a construção de uma moradia, que ela, ao negociar, estava convencida que ele possuia as habilitações legalmente exigíveis para o efeito e que não teria concluído o negócio se fosse do seu...
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