Acórdão nº 0309914 de Court of Appeal of Porto (Portugal), 04 de Fevereiro de 1992
| Magistrado Responsável | NORMAN MASCARENHAS |
| Data da Resolução | 04 de Fevereiro de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL. DIR PROC CIV.
Legislação Nacional: CEXP76 ART4 N1 N2 ART5 N1 ART60 ART61 N1 ART62 ART71. CCIV66 ART566. DL 491/82 DE 1982/11/16 ART2 ART3. DL 196/89 DE 1989/06/14 ART8 N1 A.
Sumário: I - O expropriante pode evitar a expropriação total desde que elimine os efeitos perniciosos da parcial; o interesse público, dominante na matéria, justifica de pleno que assim seja e parece dever entender-se que a expropriação total pode ser excluída mesmo depois de o expropriado justificadamente a ter requerido, desde que o expropriante indemnize quaisquer outros prejuízos oriundos da expropriação, aplicando-se por analogia a norma do artigo 566 do Código Civil. II - Integram matéria de facto todos os termos inteligíveis por um cidadão razoavelmente instruído, que entraram...
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