Acórdão nº 9240572 de Court of Appeal of Porto (Portugal), 11 de Fevereiro de 1993
Data | 11 Fevereiro 1993 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: O PROCESSO RECORRIDO É DA SEGUNDA SECÇÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CONST76 ART62 N2 ART207. CEXP76 ART1 N1 ART27 N1 N2 ART28 N1 ART30 N1 N2 ART33 ART36 N4 ART129. DL 438/91 DE 1991/11/09 ART25 N1 N2 N3. L 76/77 DE 1977/09/29 ART27 N2. DL 385/88 DE 1988/10/25 ART25 N3. CCIV66 ART12 ART562 ART564 ART566 N2 ART1051 N1 F ART1310. CPC67 ART511 N1 ART514 ART668 N1 D ART712 N2. CCJ62 ART3 N1 A ART142 N1.
Jurisprudência Nacional: AC TC DE 1988/03/07 IN DR N148 IS 1988/06/28. AC TC DE 1990/03/07 IN DR N75 IS 1990/03/30.
Sumário: I - A lei substantiva aplicável às expropriações por utilidade pública é a que vigorar na data da respectiva declaração. II - O valor da justa indemnização que o expropriado tem direito a receber no caso de expropriação por utilidade pública deve ser fixado com base no valor real dos bens expropriados, isto é, no valor destes no mercado de compra e venda, sem, no entanto, sujeição a factores especulativos, equivalendo, pois, ao preço que, em condições normais de mercado, um comprador prudente pagaria por eles. III - Apesar de não possuir tutela constitucional directa, o "ius aedificandi" contido no direito de propriedade deverá ser considerado como um dos factores de fixação valorativa nas situações em que exista uma muito próxima ou efectiva potencialidade edificativa. IV - Consoante parte final do n. 4 do artigo 36 do Código das Expropriações (Decreto-Lei n. 845/76, de 11 de Dezembro, na determinação da indemnização - autónoma -...
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