Livello perpetuo ed affitto di cava apuana tra diritto estense, emptio non tollit locatum e prelazione

Translated title of the contribution: [Autom. eng. transl.] Perpetual level and rent of the Apuan quarry between Este law, emptio non tollit locatum and pre-emption

Research output: Contribution to journalArticle

Abstract

[Autom. eng. transl.] The article proposes a reflection on an institute, what is the level of the Apuan quarry, whose singular reasons are found both from the point of view of the sources of law, going back to an Estense discipline of 1846 still in force in the Italian legal system, both in terms of its comprehension in the numerus clausus of the iura in alien king (within which it comes to approach a perpetual, amelioratizia and non-transferable emphyteusis) precisely by virtue of the discipline carried by the Estense sources, both in terms of coexistence of the minor real right of the private with a system of entrustment by the Authority of the concessionary type, which anticipates the mining regime introduced in 1927. In this framework, the article deepens the profiles pertaining to the exploitation of the quarry by a third party to whom the leveler grants the good in productive enjoyment, questioning in particular the applicability to the lease of the precept of 'emptio non tollit locatum pursuant to art. 1599 of the civil code and on the existence or otherwise of a right of first refusal in favor of the tenant with respect to the transfer to third parties of the level right.
Translated title of the contribution[Autom. eng. transl.] Perpetual level and rent of the Apuan quarry between Este law, emptio non tollit locatum and pre-emption
Original languageItalian
Pages (from-to)313-319
Number of pages7
JournalI CONTRATTI
VolumeXVI
Publication statusPublished - 2008

Keywords

  • affitto
  • diritti reali

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