Acórdão nº 072420 de Supremo Tribunal Administrativo (Portugal), 17 de Outubro de 1985 (caso None)
Magistrado Responsável | SOLANO VIANA |
Data da Resolução | 17 de Outubro de 1985 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CIT R BASTOS OBG GERAL VII PAG14.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART432 - ART436 ART442 N1 ART473 ART474.
Sumário : I - Não se tendo provado qual das partes deixou culposamente de cumprir o contrato-promessa de cessão de quotas, nunca os promitentes-cedentes poderiam ser condenados na restituição do sinal. II - Para que o enriquecimento de origem a um direito de restituição e preciso que ocorra a custa do patrimonio de outra pessoa e que, alem disso, não haja razão legal que o justifique. III - Esta falta de justificação e um facto constitutivo do direito de quem pede a restituição, a este incumbindo, portanto, a respectiva prova. IV - Ora, a entrada da quantia de sinal no patrimonio dos promitentes-cedentes justificou-se, precisamente, por se tratar de sinal do contrato-promessa da cessão de quotas entre eles celebrado, e os...
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