Acórdão nº 9830729 de Court of Appeal of Porto (Portugal), 14 de Janeiro de 1999 (caso NULL)
Magistrado Responsável | SALEIRO DE ABREU |
Data da Resolução | 14 de Janeiro de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART334 ART350 N1.
Jurisprudência Nacional: AC STJ DE 1993/09/21 IN CJSTJ T3 ANOI PAG19. AC STJ DE 1996/05/14 IN DR IIS DE 1996/06/24.
Sumário: I - Existe abuso de direito quando alguém pretende destruir uma relação jurídica ou negócio, invocando, por exemplo, determinada causa de nulidade, anulação ou denúncia de um contrato, estabelecida no interesse do contraente, depois de fazer crer à contraparte que não lançaria mão de tal direito ou depois de ter dado causa ao facto invocado como fundamento da extinção da relação ou do contrato ( venire contra factum proprium...
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