Acórdão nº 9150442 de Court of Appeal of Porto (Portugal), 25 de Novembro de 1991
| Magistrado Responsável | TOME DE CARVALHO |
| Data da Resolução | 25 de Novembro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: ANULADA A DECISÃO.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CEXP76 ART27 N1 ART35. CONST82 ART62 N2. CPC67 ART511 N1 ART712 N2.
Sumário: I - Para a fixação da justa indemnização, há que considerar a potencialidade edificativa do terreno expropriado que se mostre efectiva, com perspectivas de segura concretização, em termos de poder ser tido em conta por um comprador prudente e normal do terreno para esse fim, o da construção. II - Se não forem calculados separadamente o valor total do prédio e os valores da parte compreendida e da não compreendida na expropriação, não é possível ao tribunal apurar se a parte não expropriada ficou ou não desvalorizada pela divisão do prédio. III...
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