Acórdão nº 072364 de Supremo Tribunal de Justiça (Portugal), 19 de Março de 1985
Magistrado Responsável | CORTE REAL |
Data da Resolução | 19 de Março de 1985 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Indicações Eventuais: CIT V SERRA RLJ ANO113 PAG253.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART405 ART913.
Jurisprudência Nacional: AC STJ DE 1981/05/21 IN BMJ N307 PAG250. AC STJ DE 1979/12/18 IN BMJ N292 PAG357. AC STJ DE 1980/06/26 IN BMJ N296 PAG300. AC STJ DE 1981/05/28 IN BMJ N307 PAG216. AC STJ DE 1981/05/26 IN BMJ N307 PAG257. AC STJ DE 1984/01/19 IN BMJ N333 PAG433.
Sumário : I - Ao regulamentar-se o contrato de compra e venda de coisas defeituosas, estipulou-se um regime proprio, definido, não se tendo feito qualquer remissão para o contrato de empreitada, na compra de edificios ou imoveis de longa duração, tendo regulamentações distintas, completas, não havendo casos omissos a preencher, e construido o predio, os condominos limitaram-se a celebrar com as firmas construtoras e vendedoras apenas contratos de compra e venda e não de empreitada ou misto. II - Os compradores, dado o prazo que tem para denunciar e obter a reparação dos defeitos ser manifestamente insuficiente, como aqui impera a liberdade contratual - artigo 405 do Codigo...
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