Acórdão nº 9620010 de Court of Appeal of Porto (Portugal), 07 de Maio de 1996
Magistrado Responsável | MARIO CRUZ |
Data da Resolução | 07 de Maio de 1996 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: PROVIDO PARCIALMENTE. REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART342 N2 ART1207 ART1212 N1 ART1220 ART1225 ART1255 N1.
Jurisprudência Nacional: AC STJ DE 1974/03/26 IN BMJ N235 PAG280.
Sumário: I - No caso de empreitada de construção de imóveis a lei não prevê o caso de o terreno pertencer ao empreiteiro. II - Em tal caso, o contrato de empreitada não pode deixar de ser acompanhado duma promessa de venda. III - Trata-se, portanto, de um contrato misto de promessa de compra e venda e de empreitada, onde, consequentemente, devem ser aplicáveis as regras atinentes a um ou outro modelo contratual, consoante a natureza do problema em causa e mediante a interpretação da vontade dos contraentes. IV - Defeitos graves são aqueles que se ajustam a vícios ou defeitos que inutilizam a parte afectada da obra para o fim económico da sua feitura, sendo certo que estes podem dizer...
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