Acórdão nº 070953 de Supremo Tribunal de Justiça (Portugal), 26 de Abril de 1983
Magistrado Responsável | VICTOR COELHO |
Data da Resolução | 26 de Abril de 1983 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG / DIR RESP CIV. DIR PROC CIV.
Legislação Nacional: CPC67 ART26 ART672 ART676 N1. CCIV66 ART424 ART425 ART426 ART427 ART879 ART916 ART1212 ART1225 ART1305.
Sumário : I - O regime aplicavel a efectivação da responsabilidade do construtor empreiteiro pelos defeitos de um imovel enquadraveis no artigo 1225 do Codigo Civil e o definido nesta disposição e não no artigo 926. II - A expressão "dono da obra" constante do n. 1 do artigo 1225 coincide com a de proprietario da coisa quando na mesma pessoa se junte essa qualidade com a da parte para quem o empreiteiro se obrigou a construir. III - A venda do imovel pelo dono da obra, seu proprietario, transmite para o comprador, de harmonia com as disposições conjugadas dos artigos 879, alinea a), 1225 e 1305 do Codigo Civil, o direito de efectivar a responsabilidade assumida pelo empreiteiro mediante o contrato de empreitada. IV - A transmissão operada nos termos do "item" anterior opera-se por mero efeito do contrato e não por cessão da posição contratual que, segundo os artigos 424 a 427 do Codigo Civil, exigiria o...
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