Acórdão nº 705/08.8TVLSB-A.L1-8 de Court of Appeal of Lisbon (Portugal), 15 de Dezembro de 2009
| Data | 15 Dezembro 2009 |
| Órgão | Court of Appeal of Lisbon (Portugal) |
S Meio Processual: APELAÇÃO Decisão: IMPROCEDENTE Sumário: – O incidente de intervenção principal provocada pressupõe que o chamado tenha um interesse igual ao do Autor ou do Réu.
– Numa acção em que o dono da obra vem pedir a condenação do empreiteiro na reparação de defeitos denunciados e alegando o empreiteiro que essa parte dos trabalhos fora executada por subempreiteiros, estes últimos não podem intervir como associados do Réu uma vez que não contrataram com a dona da obra e não respondem perante ela.
– Pretendendo o empreiteiro acautelar o seu direito de regresso contra tais subempreiteiros, deverá requerer a intervenção acessória destes.
– Contudo, se o empreiteiro fundamentar o chamamento na pretensão da condenação dos...
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