Acórdão nº 066335 de Supremo Tribunal de Justiça (Portugal), 11 de Novembro de 1976
Magistrado Responsável | ARALA CHAVES |
Data da Resolução | 11 de Novembro 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: CCIV66 ART483 ART1218 ART1219 ART1220 ART1221 ART1223.
Sumário : I - O abandono das obras pelo empreiteiro e uma situação diversa do cumprimento defeituoso, significando renuncia ao cumprimento integral. II - Havendo abandono, traduzido na circunstancia de deixar as chaves nos locais, os donos da obra não procedem a aceitação, muito menos sem reserva, para os efeitos dos artigos 1218 e 1219 do Codigo Civil, ao tomarem posse dela. III - Ocorrendo incumprimento parcial e tambem imcumprimento parcial defeituoso, assiste aos donos das obras o direito de indemnização pelos danos sofridos, por força do disposto no artigo 1223...
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