Acórdão nº 077443 de Supremo Tribunal de Justiça (Portugal), 06 de Junho de 1989
Magistrado Responsável | ELISEU FIGUEIRA |
Data da Resolução | 06 de Junho de 1989 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART798 ART799 ART1154 ART1208 ART1209. CPC67 ART731 N2.
Sumário : I - Cabendo ao réu empreiteiro a fiscalização da obra, presume-se a sua culpa pelo cumprimento defeituoso das obrigações assumidas, não se justificando o abandono de tal obra por não cumprimento por parte do dono desta, ou seja, por falta de pagamento das prestações em dívida em virtude daquele cumprimento defeituoso e por não designar outro técnico porque este facto não constituiu fundamento do incumprimento...
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