Acórdão nº 9950717 de Court of Appeal of Porto (Portugal), 11 de Outubro de 1999 (caso NULL)
| Magistrado Responsável | ANIBAL JERONIMO |
| Data da Resolução | 11 de Outubro de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART334.
Jurisprudência Nacional: AC RC DE 1983/11/08 IN CJ T5 ANOVIII PAG52. AC RC DE 1977/07/01 IN CJ T4 ANOII PAG800.
Sumário: I - O abuso do direito pode manifestar-se num " venire contra factum proprium ", ou seja, numa conduta anterior do seu titular que, objectivamente interpretada face à lei, bons costumes e boa fé, legitima a convicção de que tal direito não será exercido. II - Esse abuso só existe se o direito existir e for exercido em termos clamorosamente ofensivos da justiça, com manifesto excesso dos limites impostos pela boa fé, pelos bons costumes ou pelo fim económico e social. III - Por já não haver direito do beneficiário de um seguro caução...
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