Acórdão nº 9130039 de Court of Appeal of Porto (Portugal), 08 de Novembro de 1993
Magistrado Responsável | COUTO PEREIRA |
Data da Resolução | 08 de Novembro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR CIV - DIR OBG. DIR COM - TIT CRÉDITO.
Legislação Nacional: CCIV ART473 ART474 ART662 N2 B ART805 N1 ART806 N2. LULL ART70 PAR2. PORT 807-UI/83 DE 1983/07/30.
Jurisprudência Nacional: AC STJ DE 1978/05/30 IN BMJ N277 PAG286.
Sumário: I - Há enriquecimento sem causa, quando se obtem uma vantagem de carácter patrimonial, seja qual for a forma que essa vantagem revista. II - O prejudicado não pode lançar mão da acção fundada em enriquecimento sem causa quando dispuser de outro meio para ser indemnizado ou restituído. III - O contrato de desconto bancário é um contrato bilateral e oneroso, tipicamente comercial (creditício) cujas prestações fundamentais são, do...
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