Acórdão nº 075699 de Supremo Tribunal de Justiça (Portugal), 24 de Maio de 1988
Magistrado Responsável | BROCHADO BRANDÃO |
Data da Resolução | 24 de Maio de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART219 ART236 N1 ART299 ART342 ART428 ART799 ART804 ART1209 N1 ART1211 N2 ART1218 N5 ART1220 ART1221 N1 ART1222 ART1223 ART1224.
Sumário : I - O preço da empreitada deve ser pago no acto de aceitação do contrato. II - A denuncia dos defeitos da obra nos trinta dias seguintes, tem por efeito exclusivo evitar a caducidade dos direitos do dono da obra. III - Se, porem o dono da obra denunciar os defeitos da mesma, mantem o direito de exigir a eliminação dos defeitos na nova construção, redução do preço na resolução do contrato e, ainda, indemnização nos termos gerais. IV - Esses direitos caducam se o dono da obra os não exercer no prazo de um ano sobre a recusa da aceitação da mesma ou da sua aceitação com reserva. V - Se o dono da obra não indicou por qual dos mencionados direitos optava, o...
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