- See below, para. 2.2.
- The Italian law journals dealing specifically with mining and hydrocarbons issues were the Rivista di Diritto Minerario (“Mining Law Review”), edited in Piacenza and last published in the mid-seventies; and the Rivista Giuridica degli Idrocarburi, edited in Rome, which was published, with a very limited circulation, until 1984. Both journals dealt almost exclusively with “public law” issues. A Rivista de diritto petrolifero has further been edited in Rome during the years 1954–1959.
- Awkward expressions such as “nondisposable patrimony” or “appurtenance” are taken from Beltramo, Longo and Merryman, Eds., The Italian Civil Code, New York, 1969 (Suppl., 1978).
- “Patrimonio indisponibile”: Italian Civil Code, Art. 826.
- Pursuant to Art. 3 of Act 6/1957 and Art. 26 of Act 613/1967, respectively.
- Translating form the texts of Art. 13 of Act 6/1957 and Art. 27 of Act 613/1967.
- Art. 116 of the Italian Constitution.
- The most important statutes are Sicilian Regional Acts n.30 of 1950, and n.2 of 1963.
- E.g. it is normally construed as not allowing a joint holdership of mining titles; upon a commercial discovery, the granting of an exploitation concession is subject to the offering of at least a 25 per cent, interest to the Sicilian Mining Agency (“Ente Minerario Siciliano”), etc.
- By the “Comuni”, i.e. entities that in the Italian administrative structure include the equivalent of towns, urban and rural districts.
- Made in advance at the beginning of each quarter and readjusted at the year's end. Detailed provisions as to royalty determination may be found in Articles 65 to 76 and Articles 63 to 75 of the on-shore and off-shore “disciplinare tipo”, respectively.
- By Act 136 of 1953.
- Art. 1 of Act 136/1953.
- See para. 1.4.2. above.
- Art. 6 of Act 613/1967.
- See, e.g. Art. 1419 of the Italian Civil Code.
- L.e. associations based on a “company contract”, defined by the Italian Civil Code as any agreement for the contribution by the parties of “property or services for the exercise in common of an economic activity for the purpose of sharing the profits thereof.”
- Translating from Art. 18, Act 613/1967.
- See, i.e. Art. 55, 1st paragraph, of Act 613/1967: “The liquid and gaseous hydrocarbons extracted from the sea-bed… shall be destined in priority for the domestic market, and shall not be exported without permission from the Ministry of Foreign Trade, in agreement with the Ministry of Industry and Trade.”
- Art. 27, paragraph 7, of Act 613/1967.
- Art. 27, paragraph, of Act 613/1967.
Journal of Energy & Natural Resources Law
Volume 8, 1990 - Issue 1-4