Acórdão nº 073135 de Supremo Tribunal de Justiça (Portugal), 25 de Junho de 1986
Magistrado Responsável | ALCIDES DE ALMEIDA |
Data da Resolução | 25 de Junho de 1986 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA A VARELA ANOT VII 2ED PAG733 - 736.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART562 ART564 ART828 ART1207 ART1221 N1 ART1222 N1 ART1223. CPC67 ART193 N2 B.
Sumário : I - A Autora obrigou-se para com a Re a reparar-lhe o veiculo automovel mediante um preço, pelo que se esta perante um contrato de empreitada - artigo 1207 do Codigo Civil - a que esta naturalmente coligado o de deposito, pois que a reparação era feita na oficina da Autora. II - Tendo a reparação sido feita com erros grosseiros de tecnica e com aplicação de material inadequado ao motor "Volvo", tendo, por isso, sido feita defeituosamente, denunciada a empreiteira, que esta não suprimiu esses defeitos, a Re podia exigir a redução do preço ou a resolução do contrato - artigo 1222, n. 1 do Codigo Civil, o que a Re não fez. III - Podia, alem disso, pedir que a Autora a indemnizasse dos prejuizos sofridos, nos termos do artigo 1223, daquele Codigo, a que se aplicaria o disposto nos artigos 562 e seguintes do mesmo diploma, o que a Re não pediu, mas a...
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