Acórdão nº 9930224 de Court of Appeal of Porto (Portugal), 14 de Outubro de 1999 (caso NULL)
| Magistrado Responsável | MANUEL RAMALHO |
| Data da Resolução | 14 de Outubro de 1999 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO. APELAÇÃO.
Decisão: DESERÇÃO. REVOGADA PARCIALMENTE.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CEXP91 ART23 N1 ART59 N1 N2. CPC67 ART582 N2.
Jurisprudência Nacional: AC STJ DE 1994/02/24 IN BMJ N434 PAG404. AC RP DE 1998/11/29 IN CJ T4 ANOXXIII PAG217. AC RE DE 1979/04/28 IN CJ T2 ANOIV PAG367.
Sumário: I - A lei processual vigente dispensa a assistência do juiz ao acto de inspecção. II - Na expropriação por utilidade pública a única diligência instrutória que tem obrigatoriamente de realizar-se é a avaliação. III - Considera-se definitivamente fixado o valor tomado em conta no laudo maioritário quando a expropriante não recorreu e o expropriado, no recurso que interpôs da decisão arbitral, não questionou esse valor. IV - Na sentença tem de ser encontrado o montante global da indemnização arbitrada, cujo pagamento parcial, se...
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