Acórdão nº 0036236 de Court of Appeal of Lisbon (Portugal), 16 de Maio de 1996
Magistrado Responsável | URBANO DIAS |
Data da Resolução | 16 de Maio de 1996 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT. DIR TRIB - DIR FISC.
Legislação Nacional: CCIV66 ART236 ART1214 N3 ART1216 ART1218 N1 N5 ART1221 ART1222. CIVA84 ART2 ART19.
Sumário: I - Os direitos de redução de preço ou de resolução do contrato de empreitada previstos no artigo 1222 do Código Civil dependem de o empreiteiro não ter eliminado os defeitos da obra ou de não ter procedido a nova construção nos termos do artigo imediatamente anterior (artigo 1221); II - Se o dono da obra recebeu a obra sem reclamar logo perante o empreiteiro as deficiências que nela detectou, optando por encarregar terceiro da eliminação dessas mesmas deficiências, tal equivale a aceitação da obra; III - Em tal caso nasceu para o dono da obra a obrigação de pagar o preço da empreitada, sem prejuízo do ulterior acerto de contas decorrente das despesas com a eliminação dos defeitos; IV - Segundo o uso corrente, na fixação do preço, no contrato de empreitada, prevê-se o montante dos impostos legais a pagar, designadamente o I. V. A.; V - Assim, se nada em contrário for alegado e...
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