Acórdão nº 9331417 de Court of Appeal of Porto (Portugal), 28 de Junho de 1994
| Magistrado Responsável | METELLO DE NAPOLES |
| Data da Resolução | 28 de Junho de 1994 |
| 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: CEXP91 ART48 N2 ART28. CPC67 ART595 N3 ART608. DL 196/89 DE 1989/06/14. CEXP76 ART35.
Sumário: I - Embora não haja, no Código das Expropriações preceito legal expresso atinente à obrigação de os peritos fundamentarem o seu laudo, essa fundamentação é exigível, porque isso decorre de um princípio geral que se evidencia naquilo que toca ao acórdão arbitral - artigos 48, n. 2 do Código das Expropriações e 56, n. 2 do Decreto-Lei n. 245/76 - e, no que respeita às respostas dos peritos, na prova pericial regulada nos artigos 595, n. 3 e 608 do Código de Processo Civil. II - O valor real e corrente de um solo da Reserva Agrícola Nacional só pode ser aferido com base na sua produtividade agrícola, salvo casos excepcionais, e não em função de uma qualquer aplicação vedada pelo regime jurídico da...
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