Acórdão nº 9250782 de Court of Appeal of Porto (Portugal), 29 de Março de 1993
Magistrado Responsável | ALVES CORREIA |
Data da Resolução | 29 de Março de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CPC67 ART713 N2 ART660 ART661 ART664 ART84 N2 N4 ART690 N1. CCIV66 ART473 ART280 N1 ART879 B C ART408 N1 ART874 ART795 N1 ART400 N1 ART289 N1 ART474 ART409 ART438 ART934 ART276. DL 54/75 DE 1975/02/12 ART5 N1 B.
Sumário: I - Como fonte de obrigações, o enriquecimento sem causa pressupõe a verificação cumulativa dos seguintes requisitos: a) - enriquecimento de uma pessoa; b) - ausência de causa justificativa; c) - obtenção desse resultado à custa de quem requer a restituição. II - A acção de enriquecimento sem causa ou " de in rem verso " visa remover o enriquecimento do património do enriquecido transferindo-o para o do empobrecido. III - Constituindo o enriquecimento o limite da restituição, o verdadeiro fundamento da obrigação de restituir é a sua obtenção sem causa à custa de outrem. IV - Há falta de causa de enriquecimento sempre que o enriquecimento não tem contrapartida num sacrifício do enriquecido e não há da parte do empobrecido a intenção de fazer uma liberalidade, havendo, por isso, falha no...
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