Acórdão nº 0123586 de Court of Appeal of Porto (Portugal), 05 de Abril de 1990
Magistrado Responsável | BESSA PACHECO |
Data da Resolução | 05 de Abril de 1990 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR REAIS / TEORIA GERAL.
Legislação Nacional: CCIV66 ART216 N3 ART473 ART479 N2 ART1273 N2. CPC67 ART661 N2.
Sumário: I - Quando as benfeitorias úteis não possam ser levantadas sem detrimento da coisa, o titular do direito satisfará ao possuidor o valor com que, à custa deste último e através delas, se locupletou, tendo esse valor, portanto, por medida um duplo limite: o do enriquecimento de um, o do empobrecimento do outro. II - O tribunal terá de condenar no que se liquidar em execução de sentença tanto no caso de se ter formulado "ab initio" pedido genérico...
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