Acórdão nº 9140651 de Court of Appeal of Porto (Portugal), 14 de Julho de 1992
| Magistrado Responsável | MARIO RIBEIRO |
| Data da Resolução | 14 de Julho de 1992 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CEXP76 ART36 N2 ART56 N2. DL 438/91 DE 1991/11/09 ART29.
Sumário: I - Não existe lei que imponha à entidade expropriante a obrigação de realojar os expropriados, pelo que não procede a pretensão destes de que só depois de serem realojados seja adjudicada à expropriante a posse da sua habitação ( cf. artigo 36, nº 2, do Código das Expropriações, aprovado pelo Decreto-Lei nº 845/76 ). II - Embora esse Código não contenha estipulação que obrigue os peritos a fundamentarem devidamente a avaliação feita, deve aplicar-se, a esse respeito, o disposto no artigo 56, nº 2, do mesmo Diploma, por se entender que há nessa parte do Código relativa à avaliação uma referência implícita às normas que regem o funcionamento da arbitragem; além de que à avaliação se deve aplicar subsidiariamente o Código de...
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