Acórdão nº 0124635 de Court of Appeal of Porto (Portugal), 11 de Abril de 1991
| Magistrado Responsável | DIONISIO DE PINHO |
| Data da Resolução | 11 de Abril de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAçãO.
Decisão: ALTERADA A INDEMNIZAçãO.
Área Temática: EXPRO UTIL PUBL. DIR PROC CIV - RECURSOS.
Legislação Nacional: CEXP76 ART33 N1 ART57 ART58 ART59 ART77. CONST76 ART62 N2. CPC67 ART684 N3 ART690 N1.
Jurisprudência Nacional: AC RP DE 1980/03/20 IN CJ ANOV T1 PAG121. AC RP DE 1983/06/07 IN CJ ANOVIII T3 PAG259. AC RE DE 1984/01/12 IN CJ ANOIX T1 PAG282.
Sumário: 1 - O acordão dos arbitros tem a natureza de uma decisão, a cujo recurso se aplicam os principios que disciplinam os recursos judiciais. ( cf. arts. 57, 58, 59 e 77 do Codigo das Expropriações). 2 - E na alegação de recurso do acordão dos arbitros que se fixa o objecto do recurso. 3 - Não e de considerar constitucional o limite de 15% fixado pelo n.1 do art. 33 do Codigo das Expropriações, na medida em que, em casos concretos, ofenda a justa indemnização exigida no n.2 do art. 62 da C.R.P., como pode...
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