Acórdão nº 0073512 de Supremo Tribunal Administrativo (Portugal), 27 de Maio de 1993 (caso None)
| Magistrado Responsável | CARVALHO PINHEIRO |
| Data da Resolução | 27 de Maio de 1993 |
| Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A INDEMNIZAÇÃO.
Indicações Eventuais: A REIS IN CPC ANOTADO IV PAG528. P LIMA A VARELA IN CCIV ANOT V1 4ED PAG580.
Área Temática: DIR CIV - DIR OBG. DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CONST76 ART62 N2. CEXP76 ART27 N2 ART36 N3 ART73 N2 ART76. CEXP91 ART22 N2 ART23 N1 ART29 N4. CCIV66 ART13 N1 ART489 ART494 ART496 N3 ART566 N3 ART1594. CPC67 ART712 N2.
Sumário: I - A dignidade constitucional que valoriza o "pagamento da justa indemnização" como condicionante da própria expropriação por utilidade pública implica, desde logo, uma desvalorização da figura do ónus da prova na fase litigiosa do processo expropriativo. II - O n. 4 do art. 29 do Cód...
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