Acórdão nº 9230688 de Court of Appeal of Porto (Portugal), 22 de Fevereiro de 1993
Magistrado Responsável | LUCIO TEIXEIRA |
Data da Resolução | 22 de Fevereiro de 1993 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: PROVIDO.
Área Temática: DIR PROC CIV. DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CPC67 ART371 ART27 A ART372 ART284 N1 A. CEXP76 ART70 ART74.
Sumário: I - Se a acção de expropriação foi instaurada contra os herdeiros da titular inscrita da parcela expropriada, já falecida antes dessa instauração, não havia lugar a qualquer instauração de incidente de habilitação de herdeiros. II - Se mesmo assim foi instaurado a requerimento dos herdeiros, teve apenas como efeito confirmar a legitimidade já assumida nos autos principais dos herdeiros como expropriados. III - Não têm portanto que ser os habilitados notificados de novo de decisões já tomadas e notificadas a eles mesmos no processo principal, designadamente da decisão arbitral da qual não interpuseram então recurso no prazo do artigo 74 do Código das Expropriações. IV - Isto é assim ainda que se considerasse que no processo de expropriação a definição das partes é estabelecida pelo despacho de adjudicação...
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