The case law is unequivocal in considering the contribution of urbanization as a compensation of public law, of non-tax nature, imposed to the constructor as a contribution to the costs of urbanization in proportion to all of the benefits that the new building will take, so that the use provides the legal basis for the of “an debeatur”, while the modes of the use provides the legal basis of the “quantum”. Consequently, there is no reason to exclude the substraction from the sums due in respect of infrastructure costs of the works carried out directly by the dealer, also when the request refers to the subtraction of the value that corresponds to the primary infrastructure works from the amount that have to be paid in respect of charges of secondary infrastructure, given the common legal nature of the charges in question.
Brevi note in materia di scomputabilità degli oneri di urbanizzazione, anche alla luce della legge n. 10/1977
D'ARIENZO, Mariaconcetta
2005-01-01
Abstract
The case law is unequivocal in considering the contribution of urbanization as a compensation of public law, of non-tax nature, imposed to the constructor as a contribution to the costs of urbanization in proportion to all of the benefits that the new building will take, so that the use provides the legal basis for the of “an debeatur”, while the modes of the use provides the legal basis of the “quantum”. Consequently, there is no reason to exclude the substraction from the sums due in respect of infrastructure costs of the works carried out directly by the dealer, also when the request refers to the subtraction of the value that corresponds to the primary infrastructure works from the amount that have to be paid in respect of charges of secondary infrastructure, given the common legal nature of the charges in question.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
