Acórdão nº 0078042 de Court of Appeal of Lisbon (Portugal), 24 de Março de 1994
| Magistrado Responsável | EDUARDO BAPTISTA |
| Data da Resolução | 24 de Março de 1994 |
| Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: L 2030 DE 1948/06/22 ART10 N1 N3 ART11. DL 43587 DE 1961/04/08 ART42 ART43 N2 ART44 N1 - N3. CEXP91 ART25 ART26. DL 794/76 DE 1976/11/05 ART62 N1 N2.
Jurisprudência Nacional: AC RP DE 1975/04/21 IN CJ ANOI T1 PAG155. AC RP DE 1986/04/01 IN CJ ANOXI T2 PAG184. AC RE DE 1979/03/29 IN CJ ANOIV T2 PAG385. AC RP DE 1990/09/18 IN CJ ANOXV T4 PAG206.
Sumário: I - Com a declaração de inconstitucionalidade do artigo 30 do CEXP76 foram repristinados os artigos 10 n. 1 e 11 da Lei 2030 e artigo 42 a 44 do regulamento das expropriações de 1961, e como tal há que recorrer ao valor real ou de mercado. II - A indemnização, como dívida de valor, não está sujeita ao princípio...
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