Acórdão nº 078767 de Supremo Tribunal de Justiça (Portugal), 03 de Maio de 1990
Magistrado Responsável | CURA MARIANO |
Data da Resolução | 03 de Maio de 1990 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG.
Legislação Nacional: CCIV867 ART702 ART705. CCIV66 ART5 ART12 ART437 ART446 ART799. DL 273-B/75 DE 1975/06/03. DL 474/77 DE 1977/11/12 ART2 N1 N2 ART4 N6.
Sumário : I - O artigo 437 do Codigo Civil consagra o principio da imprevisão com base na alteração anormal das circunstancias em que as partes tenham fundado a decisão de contratar. II - Igual principio se encontra consagrado, no dominio do contrato de empreitada, contrato que se prolonga no tempo, quer em relação as obras publicas ( Decreto-Lei n. 237-B/75 ), quer em relação a obras particulares ( Decrerto-Lei n. 474/77, de 12 de Novembro ), devendo, porem, neste caso, constar do contrato as condições em que se verificara a revisão de preços ( artigo 2 n. 2 do Decreto-Lei n. 474/77 ). III - Decidido pelas instancias que as partes acordaram que as quantias respeitantes a todos os pagamentos a efectuar pelos reus ficariam sujeitos a revisão de preços de acordo com os indices estabelecidos...
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