Acórdão nº 9751240 de Supremo Tribunal Administrativo (Portugal), 21 de Setembro de 1998 (caso None)
| Magistrado Responsável | BRAZÃO DE CARVALHO |
| Data da Resolução | 21 de Setembro de 1998 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART289 N1 ART334 ART474.
Jurisprudência Nacional: AC RC DE 1983/11/08 IN CJ T5 ANOVIII PAG52.
Sumário: I - Só existe abuso de direito quando este é 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. II - Num contrato-promessa de compra e venda com " traditio " do objecto do mesmo, cuja nulidade o Réu invocou na contestação, o pedido formulado pelo Autor no sentido de lhe ter pago o valor correspondente ao gozo da coisa que vinha sendo feito pelo demandado...
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