Acórdão nº 9220801 de Court of Appeal of Porto (Portugal), 14 de Janeiro de 1993
Magistrado Responsável | OLIVEIRA BARROS |
Data da Resolução | 14 de Janeiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CONST76 ART62 N2. CCIV66 ART1310 N1. CEXP76 ART1 N1 ART27 N1 ART28 ART30 N1 N2 ART67 N2 ART70 N2 ART35 ART 132 N1 ART77 N1 N3 ART56 N3 ART83 N1. CPC67 ART613 ART615. DL 438/91 DE 1991/11/09 ART2 ART3 ART59 N2 N4 ART48 N3.
Jurisprudência Nacional: CJ ANOXII T3 PAG173. CJ ANOXIV T1 PAG190. CJ ANOXVI T3 PAG75. CJ ANOXIV T1 PAG138. CJ ANOXV T4 PAG292. AC STJ DE 1986/12/10 IN DR IIS DE 1987/03/18. AC TC N131/88 IN DR IS DE 1988/06/29. AC TC N52/90 IN DR IS DE 1990/03/30. BMJ N283 PAG175. CJ ANOII PAG132. CJ ANOIII PAG660. CJ ANOIV PAG1054. CJ ANOII PAG32. CJ ANOVI T3 PAG251.
Sumário: I - O valor da justa indemnização a arbitrar nos termos do disposto nos artigos 27, nºs. 1 e 2 e 28, nº 1, do Código das Expropriações ( Decreto-Lei 845/76, de 11 de Dezembro ) é o correspondente ao valor do bem expropriado no mercado de compra e venda, sem no entanto sujeição a factores especulativos. II - O " jus aedificandi " há-de ser um dos factores de fixação valorativa nas situações em que os respectivos bens envolvam mais do que uma expectativa, uma muito próxima ou efectiva potencialidade construtiva. III - Para cumprimento do disposto no artigo 35 do Decreto-Lei 845/76, torna-se indispensável o cálculo autónomo do valor das parcelas expropriada e não expropriada, sem referência ao conjunto, como se de unidades prediais independentes se tratasse. IV - A lei aplicável à determinação da indemnização é a vigente à data da declaração de utilidade pública ( no caso o Decreto-Lei 845/76 ) mas os termos do processo são regulados pelas...
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