Acórdão nº 9341076 de Court of Appeal of Porto (Portugal), 25 de Outubro de 1994
Magistrado Responsável | METELLO DE NAPOLES |
Data da Resolução | 25 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.
Legislação Nacional: CEXP91 ART13 N1 ART15 ART22 N1 ART23 ART29 N1 N4. RAU90 ART66 N1 ART67 N1. CCIV66 ART1051 F. CPC67 ART158 N1 ART517 ART660 N2 ART668 N1 D E.
Jurisprudência Nacional: AC STJ DE 1980/11/20 IN BMJ N301 PAG309. AC STJ DE 1975/12/02 IN BMJ N252 PAG83.
Sumário: I - Porque a declaração de utilidade pública da expropriação é ineficaz enquanto não tiver lugar a sua publicação em Diário da República, a lei aplicável àquele tipo de expropriações é a que vigorar à data dessa publicação. II - A atribuição de indemnização ao arrendatário prevista no artigo 29 do Decreto-Lei n. 438/91, de 9 de Novembro radica na caducidade do contrato de locação por efeito da expropriação. III - Quando a lei no artigo 29, n. 4 daquele diploma refere "referenciais" quer dizer "diferenciais", ou seja, diferenças. IV - A forma de resolver divergências quanto ao montante da indemnização nos laudos periciais não é o recurso a uma média aritmética de todos eles, mas sim a opção quanto aos elementos existentes nos autos em função das motivações e fundamentos invocados. V - Se as partes não impugnam no recurso que interpõem da arbitragem, a taxa de capitalização do diferencial da renda nela utilizada, é essa a taxa que a decisão do juiz deve respeitar. VI - Para respeitar o princípio geral de fundamentação das decisões - artigo 158 do Código de...
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