Acórdão nº 97B540 de Supremo Tribunal de Justiça (Portugal), 14 de Outubro de 1997
| Magistrado Responsável | MIRANDA GUSMÃO |
| Data da Resolução | 14 de Outubro de 1997 |
| Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV. DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CPC67 ART498 N3 ART524 ART660 N2 ART664 ART668 N1 D ART706 ART727. CCIV66 ART236 N1 ART294 ART334 ART1027 ART1038. RAU90 ART64 N1 B.
Sumário : I - Não existe excesso de pronúncia quando o tribunal aprecia uma questão submetida pelas partes, embora considere aplicável norma de direito diferente da indicada pela parte ou partes. II - Há abuso de direito no caso de "venire contra factum proprium". III - Um dos efeitos jurídicos próprios do abuso de direito é a legitimidade de oposição ao direito de resolução do contrato de arrendamento. IV - A "ratio...
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