Acórdão nº 9250360 de Court of Appeal of Porto (Portugal), 30 de Setembro de 1993
Magistrado Responsável | MANUEL RAMALHO |
Data da Resolução | 30 de Setembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART905 ART909 ART562. CPC67 ART668 N1 D. DL 200-C/80 DE 1980/06/24. PORT 581/83 DE 1983/05/18. PORT 339/87 DE 1987/04/24.
Sumário: I - Sendo um negócio anulado por erro, nos termos do artigo 905 do Código Civil, o vendedor é obrigado a indemnizar o comprador pelos danos emergentes do contrato e, assim, a reconstituir a situação que existiria se não se tivesse verificado o evento que obriga à reparação; II - As despesas com fundações que o autor fez no terreno comprado não constituem prejuízos sofridos directamente em consequência do erro determinante da anulação do negócio; III - Se na sentença se diz expressamente que os réus são absolvidos do demais peticionado, em que se incluia o pedido de condenação deles a indemnizar o autor das despesas da acção anulatória, a liquidar em execução de sentença, não ocorre violação do disposto no artigo 668, número...
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