Dalla legislazione estense al sistema attuale il risultato non cambia: il diritto del concessionario di agro marmifero di Massa e Carrara è inusucapibile

Translated title of the contribution: [Autom. eng. transl.] From the Estense legislation to the current system, the result does not change: the right of the Massa and Carrara agro marmiferous concession holder is inexhaustible.

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The note comments on the sentence of the Court of Massa, April 15, 2003, according to which on the agri-marbles of Massa and Carrara - which are subject to a public concessionary regime resulting from the Estense legislation of 1846 still in force and by the Tuscany region law no. 104/1995, in the same way as they belong to the unavailable assets of the respective Municipalities and are granted for exploitation to private individuals, who purchase for consideration a real partial right to excavate the quarry - it is impossible to purchase the right of the concessionaire by usucapione , because usability would nullify the purpose of granting the public good on the basis of the rigorous assessment of the specific qualities and obligations assumed by the aspiring concessionaire, which characterizes the current regulation, and would therefore have the result of removing the asset from its own destination , in contrast with the provisions of art. 828, II paragraph, cod. civ.
Translated title of the contribution[Autom. eng. transl.] From the Estense legislation to the current system, the result does not change: the right of the Massa and Carrara agro marmiferous concession holder is inexhaustible.
Original languageItalian
Pages (from-to)311-318
Number of pages8
JournalIL FORO TOSCANO
VolumeV
Publication statusPublished - 2003

Keywords

  • cave di marmo

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