Acórdão nº 066206 de Supremo Tribunal de Justiça (Portugal), 13 de Julho de 1976
Magistrado Responsável | FERREIRA DA COSTA |
Data da Resolução | 13 de Julho de 1976 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA PARCIALMENTE A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV.
Legislação Nacional: CPC67 ART193 N1 N2 ART204 N1 ART206 ART228 ART468 N1 ART484 N1 ART489 N1 N2 ART660 N1 ART668 N1 D E ART713 ART722 N2 ART726 ART731 N1. CPC39 ART272. CCIV66 ART303 ART333 N1 N2 ART342 N2 ART468 N1 ART1120 N1 ART1207 ART1208 ART1220 ART1221 N1 N2 ART1222 N1 ART1223 ART1224 ART1225 N2.
Jurisprudência Nacional: AC STJ DE 1975/02/04 IN BMJ N244 PAG203.
Sumário : I - O artigo 1223 do Codigo Civil, ao declarar que o exercicio dos direitos conferidos nos artigos precedentes, entre os quais figuram os de obter a eliminação dos defeitos da obra e a redução do preço, não exclui o de ser indemnizado nos termos gerais, mostra que este ultimo pode ser accionado conjuntamente com qualquer dos outros - e, sendo assim, sob pena de a lei consentir um duplo ressarcimento pelo mesmo facto, aquela indemnização tem de respeitar a outros prejuizos que não sejam compensados com a simples eliminação dos defeitos ou com a simples redução do preço da empreitada. II - Por tal razão, o dono da obra não pode formular, contra o empreiteiro, em alternativa, os pedidos de eliminação dos defeitos da obra e do pagamento de uma indemnização, ja que, contrariamente ao que se dispõe no artigo 468, n. 1, do Codigo de Processo Civil, o seu direito nem e por natureza ou origem alternativo, nem pode resolver-se em alternativa. III - Tendo-se formulado, porem, esse pedido alternativo...
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