Acórdão nº 0007989 de Court of Appeal of Porto (Portugal), 11 de Maio de 1989
| Magistrado Responsável | CARLOS MATIAS |
| Data da Resolução | 11 de Maio de 1989 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: VAZ SERRA IN RLJ ANO115 PAG187. A COSTA IN RLJ ANO119 PAG137. ANTUNES VARELA IN DAS OBRIGAÇÕES 5ED V1 PAG346.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART220 ART286 ART334 ART428 ART1029 N1 A ART1029 N3.
Jurisprudência Nacional: AC RL DE 1978/11/29 IN CJ PAG1565. AC RL DE 1987/05/07 IN CJ T3 PAG166.
Sumário: I - A proibição de "venire contra factum proprium" está contida no segmento da norma do artigo 334 do Código Civil, que alude aos limites impostos pela boa-fé. II - Se a nulidade por falta de forma legal é de interesse e ordem pública, também o é a ilegalidade do exercício do direito por abuso deste. III - Ao invocar a nulidade por falta de forma do arrendamento comercial, o arrendatário...
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