Acórdão nº 9340490 de Court of Appeal of Porto (Portugal), 03 de Fevereiro de 1994
| Magistrado Responsável | COUTINHO AZEVEDO |
| Data da Resolução | 03 de Fevereiro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART1211 N2.
Jurisprudência Nacional: AC STJ DE 1993/07/06 IN CJSTJ T2 ANOI PAG181. AC STJ DE 1972/06/16 IN RLJ ANO106 PAG185.
Sumário: I - Enquanto o empreiteiro está adstrito a uma prestação de facto, sobre o vendedor impende uma prestação de coisa ( de dare ). II - Na compra e venda a iniciativa e o plano da obra cabem ao que constroi ou fabrica a coisa; o empreiteiro realiza uma obra que lhe é encomendada e segundo as directrizes e fiscalização...
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