Acórdão nº 9220979 de Court of Appeal of Porto (Portugal), 23 de Setembro de 1993
Data | 23 Setembro 1993 |
Órgão | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A INDEMNIZAÇÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CEXP76 ART132 N1 ART27 ART28. CIV66 ART551.
Jurisprudência Nacional: AC RL DE 1989/02/23 IN CJ ANOXIV T1 PAG138. AC RP DE 1987/05/28 IN CJ ANOXII T3 PAG174. AC RP DE 1986/04/01 IN CJ ANOXI T2 PAG185. AC STJ DE 1975/12/05 IN BMJ N252 PAG92.
Sumário: I - Nas expropriações por utilidade pública a lei aplicável à determinação da indemnização é a vigente à data da respectiva declaração de utilidade pública. II - Havendo divergência entre os laudos dos peritos merece melhor acolhimento o dos nomeados pelo tribunal, dada a sua posição de imparcialidade pertante as partes. III - Sempre que entre o momento da avaliação efectuada pelos peritos e o da...
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