Acórdão nº 9311090 de Court of Appeal of Porto (Portugal), 28 de Abril de 1994
Magistrado Responsável | FERNANDES MAGALHÃES |
Data da Resolução | 28 de Abril de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CIV - TEORIA GERAL. DIR CIV - DIR CONTRAT.
Legislação Nacional: CCIV66 ART334 ART1093 N1 D. RAU ART64 N1 D.
Jurisprudência Nacional: AC STJ DE 1979/10/09 IN BMJ N290 PAG352. AC RE DE 1987/02/05 IN BMJ N369 PAG609. AC RE DE 1979/01/04 IN CJ T1 ANOIV PAG188. AC RL DE 1986/07/19 IN CJ T3 ANOXI PAG113.
Sumário: I - Segundo o artigo 334 do Código Civil é ilegítimo o exercício de um direito quando o titular exceda manifestamente os limites impostos pela boa fé, pelos bons costumes ou pelo fim económico ou social do direito. II - A nossa lei adoptou a concepção objectiva, não sendo necessária a consciência do excesso, mas tão somente este. III - Impõe-se, todavia, que o direito se exerça em termos clamorosamente ofensivos da justiça. IV - Para a determinação dos limites impostos pela boa fé e pelos bons costumes deve atender-se, de modo especial, às concepções ético-jurídicas dominantes. V - O abuso de direito é de conhecimento oficioso. VI - Quando o A. pede a resolução de contrato de arrendamento com base na realização de obras que alteram substancialmente a estrutura externa do prédio locado não comete abuso do direito. VII - Alteração...
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