Acórdão nº 085923 de Supremo Tribunal de Justiça (Portugal), 14 de Dezembro de 1994 (caso NULL)
Magistrado Responsável | FERNANDO FABIÃO |
Data da Resolução | 14 de Dezembro de 1994 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR CONTRAT / DIR OBG. DIR PROC CIV.
Legislação Nacional: CPC67 ART151 N2 ART467 N1 C. DL 171/79 DE 1979/06/06 ART1. CCIV66 ART280 N2 ART294 ART334 ART405 ART762 N2 ART810 N1. DL 446/85 DE 1985/10/25 ART12 ART16 ART19 C.
Jurisprudência Nacional: AC RP DE 1989/02/23 IN CJ 1989 TI PÁG141. AC RE DE 1987/06/25 IN BMJ N368 PÁG632. AC RL DE 1981/04/21 IN CJ 1981 TII PÁG194.
Sumário : I - Os factos que servem de fundamento à acção devem ser expostos, em princípio articuladamente, na petiçao inicial (artigo 467 n. 1 alínea c) e artigo 151 n. 2 do Código de Processo Civil), mas seria grande rigorismo impedir que a exposição dos factos se fizesse por via indirecta, por remissão para documentos, sem uma clara indicação da lei em tal sentido. II - O contrato de locação financeira é um contrato nominado misto e também um contrato de adesão, em que os contraentes declaram sujeitar-se além das cláusulas inerentes ao contrato singular, às cláusulas contratuais gerais do mesmo contrato (as ditas condições gerais) previamente elaboradas pelo locador como modelos negociais. III - As partes devem proceder de boa fé, tanto no cumprimento da obrigação como no exercício do direito correspondente (artigo 762 n. 2 do Código Civil) e é ilegítimo o exercício de um direito, quando o titular excede manifestamente os limites impostos pela boa fé (artigo 334 do Código Civil). IV - A exigência da locadora financeira do pagamento, a título de perdas e danos sofridos de uma importância igual a 20 porcento da soma das rendas vincendas com o valor residual, simultaneamente com os...
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