Acórdão nº 98B123 de Supremo Tribunal de Justiça (Portugal), 23 de Abril de 1998
Magistrado Responsável | ALMEIDA E SILVA |
Data da Resolução | 23 de Abril de 1998 |
Emissor | Supremo Tribunal de Justiça (Portugal) |
N Privacidade: 1 Meio Processual: REVISTA.
Decisão: CONCEDIDA A REVISTA.
Área Temática: DIR CIV - DIR OBG. DIR TRIB - DIR FISC. DIR PROC CIV - PROC EXEC.
Legislação Nacional: CCIV66 ART473 ART474. CPTRIB91 ART138 N1 A. CPC67 ART882 N2.
Jurisprudência Nacional: AC STJ DE 1994/01/18 IN CJSTJ ANOII TI PAG43.
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; d) que a lei não faculte ao empobrecido outro meio de ser indemnizado ou restituído. II - Tendo o autor adquirido, em arrematação por hasta pública, no âmbito de execução fiscal, o direito ao trespasse e ao arrendamento das instalações de que o executado figurava como arrendatário...
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