Acórdão nº 0077452 de Court of Appeal of Lisbon (Portugal), 13 de Janeiro de 1994
Magistrado Responsável | SANTOS BERNARDINO |
Data da Resolução | 13 de Janeiro de 1994 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: RAU90 ART56 N3. CPC67 ART972 C. CCIV66 ART216 N1 N2 N3 ART342 ART479 ART1036 ART1046 ART1273 ART1275.
Jurisprudência Nacional: AC STJ DE 1986/05/28 IN BMJ N357 PAG440. AC STJ DE 1984/04/03 IN BMJ N336 PAG420. AC RC DE 1985/03/12 IN CJ ANOX T2 PAG40. AC RL DE 1992/01/30 IN CJ ANOXVII T1 PAG150.
Sumário: I - O enriquecido deve restituir, em princípio, na medida do respectivo enriquecimento, isto é, atendendo ao seu enriquecimento efectivo ou patrimonial e não real; mas não deve restituir mais do que o quantitativo do empobrecimento do lesado, caso este se mostre inferior àquele. II - Dadas as assinaladas diferenças de regime a que estão sujeitas as diversas espécies de benfeitorias, o reconvinte deve sempre...
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