Acórdão nº 9150521 de Court of Appeal of Porto (Portugal), 03 de Novembro de 1992
Magistrado Responsável | SOARES DE ALMEIDA |
Data da Resolução | 03 de Novembro 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 PRIMEIRA SECÇÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CEXP76 ART30 N1 N2 ART3 N2 ART23 N1 ART20 N4 ART36 N1 ART40 N1. CEXP91 ART8 N2. DL 385/88 DE 1988/10/25 ART3 N4.
Jurisprudência Nacional: AC RP DE 1992/01/07 IN CJ ANOXVII T1 PAG216.
Sumário: I - A desvalorização da parte sobrante de um prédio de que foi expropriada uma parcela, por tal parte ficar agora incluída em zona " non aedificandi ", resulta directamente da lei e não propriamente da expropriação. II - Assim, essa desvalorização não dá lugar a indemnização, atento o disposto no artigo 3, nº 2 do Decreto-Lei nº 745/76, norma que foi, aliás, mantida no artigo 8, nº 2 do Código das Expropriações aprovado pelo Decreto-Lei nº 438/91, de 9 de Novembro. III - Se logo após a remessa do processo ao Tribunal da Comarca a expropriante, convidada a esclarecer se apenas estava em questão a indemnização a atribuir ao proprietário ou também a devida ao arrendatário e, no caso de não ter...
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