Acórdão nº 9110189 de Court of Appeal of Porto (Portugal), 03 de Junho de 1991
Magistrado Responsável | ALVES CORREIA |
Data da Resolução | 03 de Junho de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADO O JULGAMENTO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL. DIR PROC CIV - PROC ESP.
Legislação Nacional: CPC67 ART660 ART661 ART664 ART684 N2 ART684 N3 ART684 N4 ART713 N2. DL 845/76 DE 1976/12/11 ART27 N2. DL 794/76 DE 1976/11/05 ART62 N1 ART62 N2. CEXP76 ART30 N1 ART30 N2 ART33.
Jurisprudência Nacional: AC RE DE 1975/11/11 IN BMJ N252 PAG205. AC RP DE 1978/01/31 IN CJ T1 ANOIII PAG162. AC TC DE 1990/03/07 N52/90. AC TC DE 1990/12/12 IN DR DE 1991/03/19.
Sumário: 1- Para efeito da fixação da indemnização pertinente pela sua expropriação deve ter-se em conta, para os terrenos sitos em aglomerado urbano a menos de 50 metros das vias publicas, que ela não pode execeder 15% do custo provavel da construção neles edificavel. 2- A indemnização corresponde a expropriação de terrenos sitos em zona diferenciada do aglomerado, dada a sua vocação urbanistica, deve calcular-se atendendo não so ao rendimento agricola medio, mas tambem a outros...
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