Acórdão nº 9821444 de Court of Appeal of Porto (Portugal), 09 de Fevereiro de 1999
| Magistrado Responsável | CANDIDO DE LEMOS |
| Data da Resolução | 09 de Fevereiro de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART406 N1 ART428 ART562 ART566 N1 ART762 N1 N2 ART763 ART780 N1 ART801 N1 N2 ART802 ART803 ART804 N2 ART805 ART808 ART828 ART1155 ART1207 ART1212 N1 ART1218 N1 N4 ART1219 N2 ART1221 ART1222 ART1223.
Jurisprudência Nacional: AC STJ DE 1976/11/11 IN BMJ N261 PAG143. AC STJ DE 1993/05/11 IN CJSTJ T2 ANOI PAG97. AC STJ DE 1994/10/18 IN CJSTJ T3 ANOII PAG94.
Sumário: I - O facto de, no decurso de uma empreitada de abertura de fundações para a construção de um prédio, o empreiteiro ter retirado as máquinas e enviado a conta ao dono da obra, não constitui incumprimento definitivo ou cumprimento defeituoso do contrato. II - Sendo a escavação em menor superfície ou volume visível a olho nú, constituindo, por isso, defeito aparente, não sendo feito pelo dono da...
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