Acórdão nº 9550669 de Court of Appeal of Porto (Portugal), 06 de Novembro de 1995
| Magistrado Responsável | MARQUES PEIXOTO |
| Data da Resolução | 06 de Novembro de 1995 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: RAU90 ART7 N2 B. CCIV66 ART220 ART286 ART334.
Jurisprudência Nacional: AC STJ DE 1993/09/21 IN CJSTJ T3 ANOI PAG19. AC STJ DE 1989/10/26 IN BMJ N390 PAG398.
Sumário: I - Há abuso de direito ( na modalidade " venire contra factum proprium ", por violação do princípio da responsabilidade pela confiança ) no caso de ter sido celebrado por escrito um contrato de arrendamento para comércio e indústria onde uma das partes entregou à outra o objecto do arrendamento, consentindo que nele se desenvolvesse a actividade constante do contrato, recebendo as respectivas rendas, assumindo a responsabilidade pela feitura e despesas da escritura pública e...
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