Acórdão nº 9420763 de Court of Appeal of Porto (Portugal), 29 de Novembro de 1994
Magistrado Responsável | RAPAZOTE FERNANDES |
Data da Resolução | 29 de Novembro de 1994 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: AGRAVO.
Decisão: NEGADO PROVIMENTO.
Área Temática: DIR ADM ECON - EXPRO ÚTIL PUBL. DIR PROC CIV.
Legislação Nacional: CPC67 ART30 ART31 ART275 ART672. CEXP91 ART38 ART4 N1 N2 ART12 N2 A B ART50 N4 ART57 N1.
Jurisprudência Nacional: AC STJ DE 1986/11/20 IN BMJ N258 PAG185.
Sumário: I - A expressão "parcelas" usada no artigo 38 do Código das Expropriações significa não uma unidade de exploração mas a parte do terreno integrada em determinada zona. II - Aquele artigo 38 afasta a coligação entre expropriados não obstante o disposto nos artigos 30, n.1, e 31 do Código de Processo Civil, impondo a organização de um processo de expropriação por cada parcela a expropriar que tenha sido referenciada na declaração de utilidade pública, sem embargo da possibilidade de apensação nos termos do artigo 275 do Código de Processo Civil. III - Os despachos proferidos em processo de expropriação respeitante a várias parcelas expropriadas nos termos dos artigos 50, n.4 - um - e 57...
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