Libri fondiari e procedure successorie in Austria e in Germania (Land Registries and Succession Procedures in Austria and Germany)

Abstract

This article examines the relationship between succession mortis causa and the land registry, focusing on the evolution of this interaction within the Austrian and German legal systems. A key issue addressed is the precise moment heirs acquire ownership of real estate included in the estate. While various theoretical solutions exist, in jurisdictions employing a land registry system, it might initially appear that real estate ownership depends on registration in the land registry. However, as the analysis reveals, this is not the case in Austria or Germany. In both systems, inheritance acquisition occurs extra tabulas, independent of the registration of ownership rights. This historical-comparative study aims to clarify how the mode of inheritance acquisition aligns with the principles governing the land registry systems in Austria and Germany.

Note: Downloadable document is in Italian.

Keywords: succession law, inheritance, land registry, real estate, ownership, registration