Acórdão nº 077806 de Supremo Tribunal de Justiça (Portugal), 14 de Novembro de 1991
Magistrado Responsável | TATO MARINHO |
Data da Resolução | 14 de Novembro de 1991 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT. DIR PROC CIV - RECURSOS.
Legislação Nacional: CCIV66 ART332 N1 ART428 N1 ART1218 ART1219 ART1220 ART1222 ART1223 ART1224. LOTJ87 ART29 N2. CPC67 ART678 N1 ART684 N3 ART729 N1 N2.
Jurisprudência Nacional: AC STJ DE 1972/07/21 IN BMJ N219 PAG158. AC STJ DE 1976/05/21 IN BMJ N257 PAG147. AC STJ DE 1978/02/23 IN BMJ N274 PAG191. AC STJ DE 1986/11/20 IN BMJ N361 PAG488. AC STJ DE 1986/07/04 IN BMJ N359 PAG643. AC STJ DE 1978/04/06 IN BMJ N276 PAG211. AC STJ DE 1987/10/06 IN BMJ N370 PAG505. AC STJ DE 1976/11/11 IN BMJ N261 PAG143.
Sumário : I - Não deve admitir-se recurso sem estar apurado o valor da sucumbencia. II - Pode limitar-se o objecto do recurso nas respectivas alegações. III - O Supremo Tribunal de Justiça não conhece de materia de facto. IV - São coisas distintas a falta de obra contratada e a deficiencia da obra feita. V - Os unicos requisitos da exceptio nom adimpleti contractus são: a)- Que o contrato seja bilateral; b)- Que as obrigações sejam correspectivas; c)- Que não se encontrem fixados prazos diferentes para o cumprimento das...
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