Acórdão nº 0016301 de Court of Appeal of Porto (Portugal), 14 de Outubro de 1982
| Magistrado Responsável | PINTO GOMES |
| Data da Resolução | 14 de Outubro de 1982 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: CONFIRMADA A DECISÃO.
Indicações Eventuais: R QUEIRÓ IN DIR ADM 1976 PAG335. M CAMPOS IN A ORD CONST PORT E O DIR COMUNIT 1981 PAG149. M CAETANO IN PRINC FUND DIR ADM 1977 PAG454 Área Temática: DIR ECON - EXPRO UTIL PUBL. DIR PROC CIV. DIR TRIB - ASSIST JUD.
Legislação Nacional: L 68/78 DE 1978/10/16 ART38 ART39 ART43 ART47. CONST76 ART62 N2 ART82 N2 ART87 N2 ART88 N2. DL 181/81 DE 1981/06/30.
Sumário: I - O artigo 47 da Lei n. 68/78, de 16 de Outubro, ao estatuir que a empresa em autogestão, que o seu proprietário não reivindicou no prazo de 120 dias, se transfere, em nua propriedade, para o Estado, consagra um caso de expropriação. II - Trata-se de uma expropriação operada por um processo expedito e fundada num motivo social: o da necessidade de definir o estatuto juridico do estabelecimento, cuja gestão está a ser feita por entidade diversa do proprietário. III - Atenta a função...
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