Acórdão nº 9211035 de Court of Appeal of Porto (Portugal), 04 de Janeiro de 1994
| Magistrado Responsável | SOARES DE ALMEIDA |
| Data da Resolução | 04 de Janeiro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Indicações Eventuais: CITA ENTRE OUTROS ALVES CORREIRA IN AS GARANTIAS DO PARTICULAR NA EXP UTIL PUBL PAG129.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: DL 845/76 DE 1976/12/11 ART30 N1 N2. CONST76 ART62 N1. DL 576/70 DE 1970/11/24 ART9. L 2030 DE 1948/06/22 ART10 N1.
Jurisprudência Nacional: AC STJ DE 1974/06/18 IN BMJ N232 PAG140. AC STJ DE 1975/12/02 IN BMJ N252 PAG83. AC RP DE 1983/06/03 IN CJ ANOVIII T3 PAG251. AC RP DE 1986/04/01 IN CJ ANOXI T2 PAG184. AC TC DE 1988/06/08 IN DR IS DE 1988/06/29. AC TC DE 1990/03/07 IN DR IS DE 1990/03/30.
Sumário: I - Sendo a declaração de utilidade pública da expropriação o facto constitutivo da respectiva relação jurídica, a lei que lhe é aplicável é a vigente à data da sua publicação necessária. II - Na determinação da indemnização correspondente à perda por expropriação de terreno deve ter-se em conta o "jus aedificandi" desde que...
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