Acórdão nº 9620544 de Court of Appeal of Porto (Portugal), 29 de Abril de 1997
Magistrado Responsável | DURVAL MORAIS |
Data da Resolução | 29 de Abril de 1997 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART666 N1 ART205 N1. CCIV66 ART1221 ART1222 ART1223 ART562 ART884 ART1220.
Sumário: I - Proferida a decisão, esgota-se o poder jurisdicional do Juiz. Se a alterar posteriormente comete uma nulidade que, todavia, ficará sanada se não for alegada no prazo de cinco dias a contar do seu conhecimento. II - A lei, para além de conferir ao dono da obra a possibilidade de exigir do empreiteiro que elimine os defeitos daquela ou faça nova construção, e se, não o fazendo o empreiteiro, exigir dele a redução do preço ou a resolução do contrato se os defeitos tornarem a obra inadequada ao fim a que se destina, dá-lhe ainda o direito a ser indemnizado nos termos gerais dos artigos...
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