Acórdão nº 9630389 de Court of Appeal of Porto (Portugal), 07 de Novembro de 1996
| Magistrado Responsável | SOUSA LEITE |
| Data da Resolução | 07 de Novembro de 1996 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART334 ART762 N2 ART342 N1. CPC67 ART502 N1.
Sumário: I - Age com abuso do direito o litigante que nega uma obrigação cujo cumprimento lhe é exigido com o fundamento de que só se obrigou quanto a prestações posteriores à assinatura de um contrato e que aquela é anterior, se cumpriu outras prestações do mesmo género anteriores à aludida assinatura, pois tal comportamento é de molde a defraudar a legítima confiança e expectativa da contraparte. II - Sob pena da improcedência da respectiva acção condenatória, tendo uma obrigação contratual ficado condicionada ao fornecimento pelo credor ao obrigado de facturas e de documentos de transporte das mercadorias a cujos...
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