Acórdão nº 0053572 de Supremo Tribunal Administrativo (Portugal), 14 de Maio de 1992 (caso None)
Magistrado Responsável | FERREIRA MESQUITA |
Data da Resolução | 14 de Maio de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR CIV - DIR OBG. DIR PROC CIV.
Legislação Nacional: CCIV66 ART473 N1 ART747 ART482. CPC67 ART26.
Sumário: I - Tendo o Autor arrematado em hasta pública na Mauritânia um barco de pesca denominado "Lorita" que fora apreendido naquele país, e tendo tal barco, após o seu regresso a Portugal, sido penhorado e posteriormente vendido num processo de execução hipotecária movido pelo FRAIP - Fundo da Renovação e Apetrechamento da Indústria de Pesca, contra os proprietários do barco, a quem concedeu um empréstimo para construção do mesmo, não existe enriquecimento sem causa justificativa, uma vez que ao intentar a dita execução o FRAIP o fez no exercício de um direito que lhe é conferido pela escritura de mútuo com hipoteca e pelos artigos 46, 50 e 835 do Código de Processo Civil. II - O prazo de prescrição previsto no artigo 482 do Código Civil não corre desde a data da arrematação do aludido barco na Mauritânia, mas apenas a partir da penhora...
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