Acórdão nº 9821297 de Court of Appeal of Porto (Portugal), 06 de Abril de 1999
Magistrado Responsável | EMERICO SOARES |
Data da Resolução | 06 de Abril de 1999 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DO ANO DE 1995 E DA SEGUNDA SECÇÃO.
Área Temática: DIR PROC CIV - PROC EXEC. DIR CIV - TEORIA GERAL / DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART220 ART798 ART804 ART564. DL 446/85 DE 1985/10/25 ART19 C ART12 NA REDACÇÃO DO DL 220/95 DE 1995/08/31. DL 171/79 DE 1979/06/06 ART1 ART8 N2.
Jurisprudência Nacional: AC RC DE 1990/01/16 IN CJ T1 ANOXV PAG87. AC RP DE 1989/05/11 IN CJ T3 ANOXIV PAG192.
Sumário: I - A nulidade resultante da falta de reconhecimento por semelhança da assinatura da locadora, num contrato de locação financeira, considera-se sanada se essa outorgante cumpriu o contrato celebrado como se tal vício não existisse e continua a desejar o cumprimento do programa contratual estabelecido. II - Embora, em princípio, a invocação da nulidade de um negócio jurídico por falta de forma não constitua abuso de direito, no entanto pode sê-lo sempre que concorram na espécie circunstâncias particulares que tornem especialmente reprovável o procedimento do autor, como é o caso, verbi gratia, em que um locatário, num contrato de locação financeira nulo por falta de forma, já na detenção e uso do...
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