Acórdão nº 075728 de Supremo Tribunal Administrativo (Portugal), 19 de Maio de 1988 (caso None)
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 19 de Maio de 1988 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: P LIMA VARELA CCIV ANOTADO V1 P296 P298. V SERRA IN BMJ N85 P253.
Área Temática: DIR PROC CIV - RECURSOS. DIR CIV - TEORIA GERAL / DIR CONTRAT / DIR REAIS.
Legislação Nacional: CPC67 ART722 N2 ART729 N2. CCIV66 ART216 N3 ART334 ART342 ART1024 N2 ART1273.
Sumário : I - E ilegitimo o exercicio de um direito quando o titular exceda manifestamente os limites impostos pela boa fe, pelos bons costumes ou pelo fim social ou economico desse direito, de maneira a constituir clamorosa ofensa do sentimento juridico socialmente dominante, não sendo necessaria a consciencia desse excesso. II - Com base no abuso de direito, o lesado pode requerer o exercicio moderado, equilibrado, logico, racional do direito que a lei confere a outrem. III - Não pode, todavia, com base nesse instituto, requerer que o direito não...
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