Acórdão nº 0077262 de Court of Appeal of Lisbon (Portugal), 06 de Outubro de 1994
Magistrado Responsável | SILVA PEREIRA |
Data da Resolução | 06 de Outubro de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR COM. DIR CIV - TEORIA GERAL.
Legislação Nacional: CCIV66 ART219 - ART235 ART334 ART364. DL 162/84 DE 1984/05/18 ART5 N1 N2 ART7 ART13. CCOM888 ART445.
Sumário: - Na resolução do contrato de seguro, por falta de pagamento do prémio, o aviso de recepção exigido por prémio, o aviso de recepção exigido por lei prende-se com a eficácia da declaração negocial e não com a sua validade formal ou com a prova da declaração. Assim, verificada a mora e decorridos os prazos marcados na lei, havendo a certeza que o segurado recebeu a declaração de suspensão por escrito, bem como a segunda comunicação, também por escrito, quando esta seja necessária, a resolução opera de direito, ainda que a comunicação ou as comunicações não tenham sido feitas com aviso de recepção. - Há abuso de direito, expresso na fórmula "tu quoque", quando, com ofensa clamorosa do sentido jurídico...
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