Acórdão nº 6553/12.3TBCSC.L1.S1 de Supremo Tribunal de Justiça, 22 de Outubro de 2015
Magistrado Responsável: | PIRES DA ROSA |
Data da Resolução: | 22 de Outubro de 2015 |
Emissor: | Supremo Tribunal de Justiça |
Acordam no Supremo Tribunal de Justiça: AA intentou, em 5 de Setembro de 2012, contra BB acção ordinária, agora a correr no Tribunal de Comarca de Lisboa Oeste, Cascais, Instância Local, Secção Cível, Juiz 4, com o nº6553/12.3TBCSC, pedindo que a ré seja condenada a restituir-lhe a quantia de 60 000,00 euros, acrescida dos respectivos juros de mora à taxa legal de 4%, vencidos desde a citação, bem como os juros vincendos até efectivo pagamento.
Alega, em suma: viveu com a Ré, como se marido e mulher fossem, durante anos e até meados de 2011; em 20/07/2007, o Autor adquiriu por compra uma viatura nova da marca Mercedes Benz, pelo preço global de 62.150,00€; para acautelar eventuais penhoras de bens, o Autor decidiu titular a viatura Mercedes em nome de terceiros, primeiro de sua mãe e depois, em 10-1-2011, para o nome da Ré; o que a Ré aceitou sem quaisquer reservas, sabendo que tal viatura não lhe pertencia, por nunca ter havido qualquer negócio ou acordo; em 03/01/2012 a viatura desapareceu da via pública, e no dia 07/01/2012, o Autor veio a constatar que o veículo tinha sido entregue para venda num Stand de Fernão Ferro a mando da ré; e anunciada num site do Stand CC, por um preço irrisório e insólito; sem que para isso a ré fosse possuidora do consentimento do autor; que tal venda se concretizou e que a Ré recebeu o preço que fez seu, lesando a esfera patrimonial do Autor no montante do valor de comércio da viatura de 31 000,00€.
E conclui por que a Ré incorreu na obrigação de restituir o valor do veículo com base no instituto do enriquecimento sem causa.
A ré contestou (fls. 38) dizendo, em resumo: o automóvel foi um presente de aniversário do Autor à Ré; apesar de diversas insistências suas, o Autor nunca quis transferir a propriedade do veículo automóvel para o seu nome, dele autor, ou para o nome de terceiro; porque sempre o autor lhe garantia que o automóvel tinha sido presente de aniversário para si, porque não tinha dinheiro para sustentá-la e porque a viatura estava em seu nome, resolveu vendê-la no final de 2012.
E acrescentou factos vários retratando a vida de autor e ré, em “união” de facto.
Foi elaborado (fls. 64) despacho saneador, com dispensa de selecção da matéria de facto.
Efectuado o julgamento, foi proferida a sentença de fls.90 a 114 que julgou a acção improcedente por não provada e em consequência absolveu a ré do pedido.
Inconformado, o autor interpôs recurso de apelação e o Tribunal da Relação de Lisboa, em acórdão...
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