Acórdão nº 9440541 de Court of Appeal of Porto (Portugal), 27 de Março de 1995
| Data | 27 Março 1995 |
| Órgão | 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: CEXP76 ART27 N2 ART29 ART3 N2.
Jurisprudência Nacional: AC STJ DE 1975/12/02 IN BMJ N252 PAG83. AC STJ DE 1974/07/09 IN BMJ N239 PAG89. AC RL DE 1989/02/23 IN CJ T1 ANOXIV PAG138.
Sumário: I - Nas expropriações por utilidade pública a lei aplicável à determinação da indemnização é a vigente à data da publicação no Diário da República da respectiva declaração. II - Segundo o n.2 do artigo 27 do Código das Expropriações, aprovado pelo Decreto Lei n.845/76, de 11 de Dezembro, a justa indemnização corresponderá ao valor real e corrente do bem expropriado, resultante das condições normais do mercado, ou dito de outro modo, do funcionamento deste em condições de...
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