Despacho normativo n.º 342/80, de 24 de Outubro de 1980
Despacho Normativo n.º 342/80 Considerando que se têm vindo a levantar dúvidas quanto à aplicabilidade do regime de preços declarados, previsto no Decreto-Lei n.º 75-Q/77, de 28 de Fevereiro, aos casos em que a formação do preço implica um acordo formal das partes envolvidas, consubstanciado num contrato de empreitada ou de encomenda específica; Reconhecendo-se que em tais casos se não encontram reunidos todos os condicionalismos de mercado que o regime de preços declarados implicitamente pressupõe: Determina-se, ao abrigo do disposto no artigo 10.º do Decreto-Lei n.º 75-Q/77, de 28 de Fevereiro, o seguinte: 1.º O regime de preços declarados não é aplicável aos bens e serviços fornecidos por empreitada ou por encomenda específica.
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Para efeitos do disposto no número anterior, é considerado contrato de empreitada o que obedeça aos requisitos constantes dos artigos 1207.º e seguintes do Código Civil.
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Para efeitos do disposto no n.º 1, entende-se por contrato de encomenda específica o que apresente e mantenha cumulativamente as seguintes condições: a) Ser o bem ou serviço executado a pedido específico de um comprador, para as suas necessidades próprias, de acordo com especificações técnicas definidas ou aceites por este, e que não seja de natureza que possa figurar numa tabela de preços de bens e serviços catalogáveis como definidos no n.º 4.º; b) Implicar o fornecimento do bem ou serviço orçamento próprio, não sendo...
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