Acórdão nº 9140630 de Court of Appeal of Porto (Portugal), 30 de Janeiro de 1992
Magistrado Responsável | LOPES FURTADO |
Data da Resolução | 30 de Janeiro de 1992 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CEXP76 ART36 N3. CEXP91 ART29 N4. CCIV66 ART566 N3. CPC67 ART663 N1 ART682 N1 ART684 N4.
Jurisprudência Nacional: AC RC DE 1982/05/18 IN CJ T3 ANO1983 PAG33. AC RP DE 1987/10/15 IN CJ T4 ANO1987 PAG238. AC STJ DE 1988/03/17 IN BMJ N375 PAG300. AC RL DE 1987/03/05 IN CJ T2 ANO1987 PAG133.
Sumário: I - Na fixação da indemnização a favor do arrendatário comercial pela expropriação do prédio releva a diferença entre a renda que paga pelo local e a que terá de dispender pelo arrendamento de outro local com área idêntica. II - Tal asserto, que não era pacífico antes da vigência do actual Código das Expropriações, está neste resolvido neste sentido no artigo 29, nº 4. III - Este preceito tem natureza interpretativa e deve por isso aplicar-se aos casos cuja declaração de utilidade pública de expropriação ocorreu antes da sua vigência. IV - É de aceitar que a diferença anual entre as duas rendas seja...
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