Acórdão nº 086828 de Supremo Tribunal Administrativo (Portugal), 14 de Maio de 1996 (caso None)
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 14 de Maio de 1996 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decis„o: NEGADA A REVISTA.
¡rea Tem·tica: DIR PROC CIV - PROC ESP. DIR CIV - TEORIA GERAL / DIR OBG / DIR REAIS.
LegislaÁ„o Nacional: CPC67 ART684 N3 ART1052 ART1053 ART1059 ART1060 ART1061 ART1062. CCIV66 ART342 N1 ART410 N2 ART473 N1 N2 ART474 ART875 ART1413.
JurisprudÍncia Nacional: AC STJ DE 1993/01/12 IN CJ TI ANOI PAG23. AC STJ DE 1970/07/03 IN BMJ N199 PAG190. AC STJ DE 1972/01/14 IN BMJ N213 PAG214.
Sum·rio : I - O enriquecimento sem causa depende da verificaÁ„o cumulativa dos seguintes requisitos: a) existÍncia de um enriquecimento; b) que esse enriquecimento n„o tenha causa que o justifique; c) que ele seja obtido ‡ custa do empobrecimento de quem pede a restituiÁ„o, e; d) que n„o haja um outro acto jurÌdico entre o acto gerador do prejuÌzo deste e a vantagem obtida pelo enriquecido. II - Quem invoca o enriquecimento sem causa deve alegar e provar o montante do enriquecimento e do empobrecimento; III - Incide tambÈm sobre o pretenso empobrecido o Ûnus...
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