Acórdão nº 9430900 de Court of Appeal of Porto (Portugal), 05 de Janeiro de 1995
| Magistrado Responsável | ALVES VELHO |
| Data da Resolução | 05 de Janeiro de 1995 |
| 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 ART23 N1 ART25 ART26.
Sumário: I - O actual Código das Expropriações ( aprovado pelo Decreto-Lei n. 438/91 ) estabelece o princípio de que a indemnização é calculada com referência ao valor do bem no momento da declaração de utilidade pública, por ser então que é retirado do património do expropriado e que surge o crédito indemnizatório. II - Essa indemnização é actualizada à data da decisão final do processo de acordo com a evolução do índice de preços no consumidor, com exclusão da habitação. III - Na falta de expressa referência em contrário dos peritos, tem de presumir-se...
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