Acórdão nº 9350380 de Court of Appeal of Porto (Portugal), 24 de Maio de 1994
| Magistrado Responsável | PAZ DIAS |
| Data da Resolução | 24 de Maio de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART334.
Sumário: Não obstante a nulidade de um contrato de seguro, por não poder substituir-se a apólice ou a minuta por uma carta em que a ré seguradora confirma "terem sido aceites por esta Seguradora a emissão de Apólice de Seguro Caução a favor e nos montantes a seguir discriminados"... "de acordo com as condições previamente definidas com o Sr.... em contrato do qual uma cópia fará parte integrante da respectiva Apólice de Seguros", é inadmissível a invocação da nulidade formal do contrato de seguro pela seguradora, por constituir exercício abusivo de um direito, na modalidade do "venire contra factum...
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