Acórdão nº 0059101 de Court of Appeal of Lisbon (Portugal), 18 de Fevereiro de 1993
Magistrado Responsável | FERREIRA PASCOAL |
Data da Resolução | 18 de Fevereiro de 1993 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Indicações Eventuais: VAZ SERRA RLJ ANO105 PAG233.
Área Temática: DIR CIV - TEORIA GERAL / DIR CONTRAT.
Legislação Nacional: CCIV66 ART289 ART1142 ART1143 ART1271.
Sumário: I - É manifesto que estamos em presença de um mútuo (art. 1142, Código Civil), que é nulo por falta de forma (art. 1143, Código Civil), devendo ser restituido tudo o que tiver sido prestado (art. 289, Código Civil). II - É certo que a autora pretende tal restituição com base no enriquecimento sem causa, mas isso não pode obstar à procedência da acção. É que "pode bem acontecer que a causa de pedir invocada expressamente pelo autor não exclua uma outra que, por interpretação da petição, possa julgar-se compreendida naquela. Em casos deste género, a indicação feita pelo autor da causa de pedir tem de ser entendida de modo a corresponder ao sentido que ele quis atribuir a essa indicação, desde que tal sentido possa valer nos termos gerais da interpretação das declarações de vontade -...
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