Acórdão nº 9450217 de Court of Appeal of Porto (Portugal), 03 de Outubro de 1994
| Magistrado Responsável | SOUSA LEITE |
| Data da Resolução | 03 de Outubro de 1994 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADA A DECISÃO.
Indicações Eventuais: O PROCESSO RECORRIDO É DA TERCEIRA SECÇÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CEXP76 ART23 N1. CEXP91 ART25.
Jurisprudência Nacional: AC RP DE 1989/02/14 IN CJ T1 ANOXIV PAG190. AC RP DE 1991/06/06 IN CJ T3 ANOXVI PAG252. AC RE DE 1992/01/30 IN CJ T1 ANOXVII PAG269. AC RP DE 1980/05/27 IN CJ T3 ANOV PAG85. AC RE DE 1988/01/07 IN CJ T1 ANOXIII PAG257. AC TC 210/93 DE 1993/03/16 IN DR N124 IIS DE 1993/05/28. AC TC 264/93 DE 1993/03/30 IN DR N182 IIS DE 1993/08/05.
Sumário: I - Na expropriação por utilidade pública a indemnização deverá colocar o expropriado na situação de, em sede ideal, poder voltar a adquirir uma coisa de espécie e qualidade igual, isto é, um objecto de valor equivalente, já que o prejuízo daquele mede-se pelo valor real e corrente dos bens expropriados, ou seja, pelo seu valor normal do mercado. II - Em caso...
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