Acórdão nº 0409796 de Court of Appeal of Porto (Portugal), 14 de Março de 1991
Magistrado Responsável | MARIO CANCELA |
Data da Resolução | 14 de Março de 1991 |
Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ALTERADA A INDEMNIZAÇÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CONST89 ART62 N2. CEXP76 ART3 N2 N3 ART27 N1 ART28 N1. CCIV66 ART566 N2 ART1305. CPC67 ART661 N1. DL 341/86 DE 1986/10/07.
Jurisprudência Nacional: AC STJ DE 1964/04/10.
Sumário: I - O valor corrente dos bens expropriados é aquele que se obteria se fossem vendidos em mercado livre; é deste valor que o expropriado é privado e, assim, é por ele que deve ser compensado, pois nisso consiste o seu prejuízo. II - O terreno expropriado é avaliado no estado em que se encontra, valendo mais ou menos conforme o que produz e o que nele existe. III - Nada impede que o valor de um muro de suporte e vedação seja superior ao do terreno expropriado e, portanto, ao valor deste acresce o do muro, qualquer que ele seja. IV - Os limites da condenação a proferir, que se contém na regra do nº 1 do artigo 661 do Código de Processo Civil, entendem-se referidos ao pedido global e não às parcelas em que, para demonstração do "quantum" indemnizatório, se deve desdobrar o cálculo do prejuízo. V - A distinção entre servidões derivadas directamente da lei e servidões constituídas por acto administrativo deve fazer-se no sentido de considerar que as primeiras são as que de forma genérica impõem certas restrições a todos os prédios que se...
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