Acórdão nº 086828 de Supremo Tribunal de Justiça (Portugal), 14 de Maio de 1996
Data | 14 Maio 1996 |
Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: NEGADA A REVISTA.
Área Temática: DIR PROC CIV - PROC ESP. DIR CIV - TEORIA GERAL / DIR OBG / DIR REAIS.
Legislação Nacional: CPC67 ART684 N3 ART1052 ART1053 ART1059 ART1060 ART1061 ART1062. CCIV66 ART342 N1 ART410 N2 ART473 N1 N2 ART474 ART875 ART1413.
Jurisprudência Nacional: AC STJ DE 1993/01/12 IN CJ TI ANOI PAG23. AC STJ DE 1970/07/03 IN BMJ N199 PAG190. AC STJ DE 1972/01/14 IN BMJ N213 PAG214.
Sumário : I - O enriquecimento sem causa depende da verificação cumulativa dos seguintes requisitos: a) existência de um enriquecimento; b) que esse enriquecimento não tenha causa que o justifique; c) que ele seja obtido à custa do empobrecimento de quem pede a restituição, e; d) que não haja um outro acto jurídico entre o acto gerador do prejuízo deste e a vantagem obtida pelo enriquecido. II - Quem invoca o enriquecimento sem causa deve alegar e provar o montante do enriquecimento e do empobrecimento; III - Incide também sobre o pretenso empobrecido o ónus...
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