Acórdão nº 071418 de Supremo Tribunal de Justiça (Portugal), 03 de Abril de 1984 (caso NULL)
Data | 03 Abril 1984 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Indicações Eventuais: CITADOS ANSELMO DE CASTRO - DIR PROC CIV DECL VIII PAG280. ANTUNES VARELA RLJ ANO114 PAG146 E DAS OBRIG EM GERAL VI 4ED PAG422.
Área Temática: DIR CIV - DIR REAIS. DIR PROC CIV.
Legislação Nacional: CCIV66 ART216 N3 ART416 ART417 ART418 ART473 ART474 ART479 ART1273 N1 N2 ART1410 N1. CPC67 ART474 N1 C ART479 N3 ART511 N4. L 63/77 DE 1977/08/25.
Jurisprudência Nacional: AC STJ DE 1983/01/26 IN BMJ N323 PAG337.
Sumário : I - Em materia de indemnização por benfeitorias, so tem cabimento pretensão com base em enriquecimento sem causa relativamente a benfeitorias uteis que não possam ser levantadas sem detrimento da coisa (n. 2 do artigo 1273 do Codigo Civil). II - Em face do disposto no n. 3 do artigo 216 e da parte final do n. 2 do artigo 1273 do Codigo Civil, e indispensavel alegar, como fundamento de indemnização por benfeitorias necessarias e benfeitorias uteis, quais as obras correspondentes a cada uma das especies, e ainda, quanto as necessarias, que elas se destinaram a evitar a perda, destruição ou deterioração da coisa, e, quanto as uteis...
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