Acórdão nº 0309428 de Court of Appeal of Porto (Portugal), 01 de Fevereiro de 1990
| Magistrado Responsável | BESSA PACHECO |
| Data da Resolução | 01 de Fevereiro de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL. DIR PROC CIV.
Legislação Nacional: CPC67 ART510 N1 C ART511 N1 ART664 ART713 N2. CCIV66 ART220 ART334 ART1093 N1 D.
Jurisprudência Nacional: AC RC DE 1977/07/01 IN CJ ANO1977 T2 PAG800. AC RC DE 1978/11/03 IN BMJ N283 PAG373.
Sumário: I - A apreciação de abuso de direito pode fazer-se oficiosamente, por estar em causa um princípio de interesse e ordem pública. II - Pode existir abuso de direito se o locador prôpos acção de despejo fundada numa situação que ele próprio autorizou, embora em termos não jurídicamente válidos para afastar o correspondente fundamento legal de resolução do contrato de arrendamento, por forma a criar no espírito do arrendatário a legítima...
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