Acórdão nº 9340041 de Court of Appeal of Porto (Portugal), 14 de Dezembro de 1993
Magistrado Responsável | SOARES DE ALMEIDA |
Data da Resolução | 14 de Dezembro de 1993 |
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 ART37.
Jurisprudência Nacional: AC STJ DE 1974/03/08 IN BMJ N235 PAG148. AC STJ DE 1974/04/19 IN BMJ N276 PAG79. AC STJ DE 1974/05/28 IN BMJ N237 PAG171. AC STJ DE 1990/09/05 IN BMJ N397 PAG413. AC RP DE 1991/10/12 IN CJ T4 ANOXVI PAG269. AC STJ DE 1993/06/17 IN CJSTJ T2 ANOI PAG155.
Sumário: I - O acórdão dos árbitros no processo de expropriação por utilidade pública representa o resultado de um verdadeiro julgamento, constituindo, pois, uma verdadeira decisão e não um simples arbitramento. II - Esta orientação é de manter face ao novo Código das Expropriações, aprovado pelo Decreto-Lei número 438/91, de 9 de Novembro, não constituindo motivo suficiente para o seu abandono a circunstância de agora ser possível recurso até ao Supremo, de harmonia com a regra geral das alçadas. III - A indemnização devida pela expropriação é uma dívida...
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