Acórdão nº 9520994 de Court of Appeal of Porto (Portugal), 27 de Fevereiro de 1996
| Data | 27 Fevereiro 1996 |
| Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - DIR CONTRAT / TEORIA GERAL.
Legislação Nacional: CCIV66 ART334 ART1029. RAU90 ART7 N2 B.
Jurisprudência Nacional: AC STJ DE 1994/07/12 IN CJSTJ T2 ANOII PAG176. AC STJ DE 1994/11/22 IN CJSTJ T3 ANOII PAG157.
Sumário: I - O recurso ao instituito do abuso de direito é reclamado, cada vez mais, mesmo com sacrifício do princípio da segurança jurídica imanente às exigências de forma de torpedear os casos de clamorosa ofensa dos sentimentos de justiça a que o exercício do direito pode conduzir. II - Integra esse abuso de direito a invocação, pelo senhorio, da nulidade de contrato de...
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