Acórdão nº 9311338 de Court of Appeal of Porto (Portugal), 06 de Abril de 1995
| Magistrado Responsável | MANUEL RAMALHO |
| Data da Resolução | 06 de Abril de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: NEGADO PROVIMENTO. REVOGADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR OBG. DIR OBG.
Legislação Nacional: DL 289/88 DE 1988/08/24 ART2 N2.
Sumário: I - Há abuso do dierito quando, suposta a sua existência, ele é exercido com clamorosa ofensa da justiça, em termos que manifesta e intoloravelmente brigam com o sentimento jurídico dominante na colectividade - o que torna ilegítimo o seu exercício. II - Se uma Companhia de Seguros, em cumprimento de contrato celebrado, teve de pagar determinada quantia à Alfândega pelo desalfandegamento de mercadorias, não se verifica qualquer abuso se ela pretende o reembolso dessa quantia, exercendo um direito que, em seu entender, a...
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