Acórdão nº 084519 de Supremo Tribunal de Justiça (Portugal), 24 de Fevereiro de 1994 (caso NULL)
| Data | 24 Fevereiro 1994 |
| Órgão | http://vlex.com/desc1/1997_01,Supreme Court of Justice (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Indicações Eventuais: JACINTO BASTOS NOTAS VOLIII PAG228. FREITAS DO AMARAL DIR ADM VOLIII 1989 PAG335.
Área Temática: DIR ADM - ADM PUBL. DIR PROC CIV.
Legislação Nacional: CPC67 ART668 N1 C ART708. CEXP76 ART13 N1 ART14 N1. CCIV66 ART385 ART387.
Sumário : I - Se na fotocópia do Diário da República junta ao processo de expropriação por utilidade pública se mostra ilegível o nome dos proprietários dos prédios a expropriar, o que resulta da má execução daquela fotocópia, essa circunstância não é elemento essencial do acto administrativo da declaração de utilidade pública, o que afasta a nulidade ou inexistência dele. II - Assim, tal não impede que à expropriante se adjudique a propriedade e a posse, livre de ónus ou encargos da parcela a expropriar. III - Só existe nulidade de sentença prevista no artigo 668 n. 1 alínea c) do Código...
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