Acórdão nº 9350453 de Court of Appeal of Porto (Portugal), 11 de Outubro de 1993
| Magistrado Responsável | ANTERO RIBEIRO |
| Data da Resolução | 11 de Outubro de 1993 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CPC67 ART712 N2 ART511.
Sumário: I - Quando as benfeitorias e construções existentes na parcela expropriada não são passíveis de enquadramento e aproveitamento no tipo de construção proposto pelos peritos para o cálculo da indemnização a fixar, não deve o respectivo valor acrescer ao valor final fixado. II - Não está fundamentado, o laudo pericial que se limita a dizer que " pelo tipo e localização " podem essas benfeitorias ser aproveitadas, sem dizer qual o seu tipo e localização reais ou sem fazer referência a quelquer outro documento onde esses elementos possam ser consultados. III - Se a peritagem não fornece os elementos bastantes para o tribunal decidir com segurança, segundo o disposto no artigo 511 do Código...
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