Экзамен зачет учебный год 2023 / Pradi, From Contract to Registration

PREFACE

This volume wants to be an easy introduction to the principles governing Immoveable Transfers of Property in some European Countries. It aims to outline in a simple way the different transfer mechanisms adopted for dealing with legal certainty and lowering the costs involved in this complex type of transaction.

The volume could be considered as a by-product of the research activities conducted by the group on Transfer of Immoveable Property in European Law, which investigate on this specific topic within the international research on the “Common Core of European Private Law” run by Professors Ugo Mattei and Mauro Bussani.

The research on the Common Core of Transfer of Immoveable has been launched in the summer of 2006 at the Department of Legal Science, University of Trento, by Professors Elizabeth Cooke (Hon. Professor of Property Law, University of Cambridge) and Luz Martinez Velencoso (University of Valencia), who I reached in the editorial board the year after. The results should finally come out this year in the Cambridge University Press series dedicated to the Common Core, mainly thanks to the hard work of Luz.

The work deviate a bit from the methodology of the Common Core. Instead of comparing the operational rules, we wanted every national reporter to lay out the legal principles on which different systems base the Transfer of Immoveable Property. This has not wanted to be an act of intolerance toward the methodology of research on the Common Core, but a moment to deepen the same, as through the factual approach (the methodology on which the Common Core Project is based) some information concerning the administrative organization of the different models of immoveable registration systems’ (the presence of a notary, the organization of the Land register, what it register, how it is administrated) is difficult to make them emerge.

After introducing the historical trends and the developed models in the regulation of the transfer and the publicity of real property, analyz-

PREFACE

ing their economic foundations and implications, the contributions included in this book are dedicated to the description of the regulatory model of Austria, Greece, Belgium, Italy, England and Wales, Ireland and Finland.

By reading this work it seems that despite the different legal systems have developed very different principles (e.g. consensualistic one vs. the registration principle) at a practical level we may observe that there is a broad convergence in entrusting the registration moment with a crucial role in the transfer process. However, the different national systems rely on publicity structures of different nature and with different characteristics to which they attach different value. Despite that, at a European level there seems to be a willingness to attribute the same value to registration.

The European suggestion seems more aimed at speeding up market exchanges than to create greater certainty on transfers. However it should to be take into account that land registration systems address the issue of compatibility with the financial and technological resources available. The assessment of legal institution aimed at create certainty around the property rights over immoveable has a cost that grows proportionally with the increase in reliability of the verification system adopted but which decreases in relation to the available technology. Thus as far as security is concerned, it rather depends on how accurate the data are and how broad is the spectrum of the interests that the Register could list. On this we must focus our attention if we want really to secure immoveable market transaction.

Other than the Department of Legal Science of University of Trento, in the persons of its Dean Prof. Giuseppe Nesi and its staff members, especially Valentina Lucatti, a special thanks goes undoubtedly to the Collegio Nazionale del Notariato (Italian Notary Council), the Colegio Nacional de Registradores de la Propiedad (Spain) and the Associazione RB Schlesinger per lo Studio del Diritto Europeo, that has contributed to the accomplishment of this volume.

Last but not least, a sincere thank goes to all the contributors of the volume that after working hard by diligently writing their paper, have patiently waited for the delays in its publication, that are attributable only to my person. I also want to thanks all those authors whose contri-

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