Acórdão nº 9830841 de Court of Appeal of Porto (Portugal), 24 de Setembro de 1998
| Magistrado Responsável | SALEIRO DE ABREU |
| Data da Resolução | 24 de Setembro de 1998 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART1229 ART805 N3. CPC67 ART661 N2.
Jurisprudência Nacional: AC STJ DE 1980/04/10 IN BMJ N296 PAG273. AC STJ DE 1997/01/28 IN CJSTJ T1 ANOV PAG83.
Sumário: I - Se o dono da obra impediu o acesso dos trabalhadores do empreiteiro à dita obra, configura esta conduta uma verdadeira rescisão unilateral da empreitada por parte daquele, a que se adequa a desistência consagrada no artigo 1229 do Código Civil. II - No caso de desistência, o dono da obra é obrigado a indemnizar o empreiteiro dos seus gastos e trabalho e do proveito que poderia tirar da obra. III - Não estando determinado o montante dos trabalhos que não chegaram a ser executados nem o dos...
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