Acórdão nº 076419 de Supremo Tribunal de Justiça (Portugal), 03 de Novembro de 1988 (caso NULL)
Magistrado Responsável | SOARES TOME |
Data da Resolução | 03 de Novembro de 1988 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR CIV - DIR OBG.
Legislação Nacional: CCIV66 ART473 ART482.
Sumário : I - Não demonstrado o invocado contrato celebrado entre Autora e a Re, mas tão so que aquela entregou a esta 1910000 escudos, sem se saber porque e para que e que a Re forneceu a Autora produtos que atingiram 46249 escudos e dez centavos, deixou de ter oportunidade o pedido de resolução do contrato, e estando a Autora desfalcada na diferença dessas quantias o julgador tinha por missão, como fez, determinar se a situação levava a procedencia do pedido - condenação da Re no pagamento dessa diferença - pelo que decidiu haver a obrigação por parte da Re no pagamento dessa quantia, com base no instituto do enriquecimento sem causa - artigos 473, e seguintes do Codigo Civil. II - Assim, não houve condenação em objecto diverso do rogado e a causa para a condenação assentou na factualidade...
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