Acórdão nº 073610 de Supremo Tribunal de Justiça (Portugal), 25 de Fevereiro de 1987
Magistrado Responsável | GOIS PINHEIRO |
Data da Resolução | 25 de Fevereiro de 1987 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: ANTUNES VARELA IN DAS OBRIGAÇÕES EM GERAL VI 2ED PAG381.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CCIV66 ART289 N1 ART433 ART434 N1 ART473 ART1222.
Jurisprudência Nacional: AC STJ DE 1978/01/12 IN BMJ N173 PAG291.
Sumário : I - A resolução do contrato de empreitada, facultada pelo artigo 1222 do Codigo Civil, e equiparada quanto aos seus efeitos, por aplicação do disposto nos artigos 433 e 434, n. 1, do mesmo Codigo, a nulidade ou anulabilidade do negocio juridico, com eficacia retroactiva se a retroactividade não contrariar a vontade das partes ou a finalidade da resolução. II - Da declaração de nulidade ou de anulabilidade deriva como consequencia, em relação as partes, o dever de restituir tudo o que tiver sido prestado ou, não se tornando possivel a restituição em especie, a obrigação de satisfazer o valor correspondente (artigo 289, n. 1, do Codigo Civil), nessa restituição se consubstanciando o efeito retroactivo da resolução. III - Resolvido o contrato de empreitada pelos donos da obra e tendo consistido a prestação do...
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