Acórdão nº 487/04.2TCFUN.L1-1 de Court of Appeal of Lisbon (Portugal), 09 de Outubro de 2009
| Magistrado Responsável | ANA GRÁCIO |
| Data da Resolução | 09 de Outubro de 2009 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: REVOGADA Sumário: I - O contrato pelo qual uma das partes se obriga à concepção de um projecto de arquitectura mediante o pagamento, pela outra parte, dos honorários acordados, consubstancia um contrato de prestação de serviços, cujo regime é disciplinado extensivamente pelas disposições sobre o mandato.
II - Tendo a A. provado o incumprimento da R., incumbia a esta o ónus probatório dos factos impeditivos ou extintivos do direito de crédito à prestação pecuniária daquela, integradores da exceptio non adimpleti contratus.
III - A mora converte-se em incumprimento definitivo, depois do credor interpelar o devedor fixando-lhe um último prazo...
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