Acórdão nº 9240316 de Court of Appeal of Porto (Portugal), 19 de Outubro de 1993
| Magistrado Responsável | NORMAN DE MASCARENHAS |
| Data da Resolução | 19 de Outubro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Recurso: S Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: DESERÇÃO. CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - TEORIA GERAL / DIR REAIS. DIR CONST - DIR FUND.
Legislação Nacional: CCIV66 ART334. CONST92 ART62 N1 ART16 ART18 N1.
Jurisprudência Nacional: AC RL DE 1982/02/02 IN CJ ANOVII T1 PAG166. AC TC DE 1988/01/06 IN DR IIS N61 DE 1988/03/14.
Sumário: I - O abuso de direito é uma forma de antijuricidade ou ilicitude e abrange o exercício de qualquer direito por forma anormal, quanto à sua intensidade ou execução, de modo a poder comprometer o gozo de direitos de terceiros e a criar uma desproporção objectiva entre a utilidade do seu exercício e as consequências que outros têm de suportar. II - Integra esse abuso de direito a pretensão de demolição de um prédio...
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