Acórdão nº 9240364 de Court of Appeal of Porto (Portugal), 11 de Janeiro de 1993
| Magistrado Responsável | PIRES DA ROSA |
| Data da Resolução | 11 de Janeiro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA PRIMEIRA SECÇÃO.
Área Temática: DIR CIV - DIR OBG. DIR COM - TIT CRÉDITO. DIR ECON - DIR BANC. DIR PROC CIV.
Legislação Nacional: CPC67 ART684 N3 ART664. CCIV66 ART476 ART1061 E. LULL ART18.
Jurisprudência Nacional: AC RE DE 1985/03/07 IN BMJ N347 PAG447. AC STJ DE 1989/11/29 IN BMJ N391 PAG520.
Sumário: I - O recurso de apelação é, por sua natureza, um recurso de revisão ou reponderação no qual se não deve conhecer de questões que não tenham sido suscitadas no tribunal recorrido e das quais, por isso, ele não curou. II - Quer o enriquecimento sem causa quer o pagamento do indevido devem ser tratados de acordo com o esquema geral da obrigação de restituir, sendo como é o segundo um mero caso particular do primeiro, restituindo o indevido quem recebeu o que não lhe era devido e por isso... enriqueceu sem causa...
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