Acórdão nº 9450157 de Court of Appeal of Porto (Portugal), 06 de Outubro de 1994
Magistrado Responsável | SOUSA LEITE |
Data da Resolução | 06 de Outubro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA PARCIALMENTE.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL. DIR PROC CIV.
Legislação Nacional: CEXP76 ART77 N1 ART59 N2. CEXP91 ART23 N1 ART25. CCIV66 ART566 N2 ART551. CPC67 ART682 ART663 N1 ART514 N1 ART664 ART713 N2.
Jurisprudência Nacional: AC STJ DE 1989/03/16 IN BMJ N385 PAG552. AC RL DE 1989/02/23 IN CJ T1 ANOXIV PAG138.
Sumário: I - Se a expropriada se conformou com o decidido em primeira instância, não tendo interposto recurso, principal ou subordinado, não pode no recurso interposto pela expropriante vir a obter um montante indemnizatório superior ao fixado na sentença apelada. II - É jurisprudência pacífica a de que à expropriação por utilidade pública é aplicável a lei vigente à data da respectiva declaração. III - No domínio do Decreto-Lei n. 845/76, de 11 de Dezembro o montante indemnizatório deverá ser o mais actualizado possível, ou seja, deverá considerar-se o seu valor à data mais próxima em que tenha lugar o pagamento da indemnização. IV - O valor actualizado do bem expropriado decorre obviamente da última avaliação à qual se seguem apenas as alegações das partes e a sentença. V - Ao...
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