Acórdão nº 0224639 de Court of Appeal of Porto (Portugal), 10 de Maio de 1990
| Magistrado Responsável | NOEL PINTO |
| Data da Resolução | 10 de Maio de 1990 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR CONTRAT - TEORIA GERAL.
Legislação Nacional: CCIV66 ART334.
Sumário: I - A falta de formalização do trespasse de estabelecimento comercial imputável a ambos os contraentes, por não terem chegado a acordo quanto ao número de prestações em que se devia pagar o resto do preço, fere o negócio de nulidade e obriga à restituição da quantia já entregue para liquidação parcial, com juros compensatórios à taxa legal desde o momento da sua recepção até efectiva restituição. II - Há abuso de direito, conforme dispõe o artigo 334 do Código Civil quando o titular o exerce com manifesto excesso dos limites impostos pela boa fé, pelos bons costumes ou fim social ou económico desse direito, em termos...
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