Acórdão nº 9450201 de Court of Appeal of Porto (Portugal), 04 de Outubro de 1994
Magistrado Responsável | ARAUJO BARROS |
Data da Resolução | 04 de Outubro de 1994 |
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: CEXP76 ART30 N1 ART35 ART77 N1.
Jurisprudência Nacional: AC STJ DE 1975/12/02 IN BMJ N252 PAG83. AC RL DE 1994/03/10 IN CJ T2 ANOXIX PAG83. AC RP DE 1987/05/28 IN CJ T3 ANOXII PAG173.
Sumário: I - O "jus aedificandi", ao menos naqueles casos em que os terrenos envolvam uma efectiva ou muito próxima potencialidade para a construção, deverá considerar-se como um dos factores de valoração para o efeito do cálculo de indemnização a atribuir ao expropriado. II - A lei aplicável na determinação da indemnização é a vigente à data da publicação da...
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