Acórdão nº 0060596 de Court of Appeal of Lisbon (Portugal), 03 de Dezembro de 1998
Magistrado Responsável | ANA PAULA BOULAROT |
Data da Resolução | 03 de Dezembro de 1998 |
Emissor | Court of Appeal of Lisbon (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A SENTENÇA.
Área Temática: DIR ADM ECON - EXPRO UTIL PUBL.
Legislação Nacional: CEXP91 ART22. CCIV66 ART388 ART389 ART390 ART391.
Jurisprudência Nacional: AC RE DE 1977/01/11 IN CJ ANO1977 T1 PAG125. AC RE DE 1978/10/06 IN CJ ANO1978 T4 PAG1428. AC RP DE 1980/05/27 IN CJ ANO1980 T3 PAG82. AC TC N342/86 IN DR IIS DE 1987/03/19.
Sumário: I - Constitui entendimento pacífico que, havendo disparidade nos laudos periciais, o julgador deve dar preferência aos laudos dos seus peritos, pois são os que dão mais garantias de imparcialidade e de independência. II - Não decorrem da Lei quaisquer critérios que espartilhem ou limitem o Tribunal na atribuição da indemnização em expropriação por utilidade pública. III - Nos termos dos artigos 388, 389, 390 e 391 do Código Civil não resulta qualquer obrigatoriedade para o Tribunal de respeitar a prova pericial, antes podendo apreciar livremente o resultado obtido, corrigindo-o, se necessário...
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