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

15 Pages Posted: 9 Dec 2024

Date Written: December 04, 2024

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

Suggested Citation

Christandl, Gregor, Libri fondiari e procedure successorie in Austria e in Germania (Land Registries and Succession Procedures in Austria and Germany)
(December 04, 2024). Graz Law Working Paper No. 11-2024, Available at SSRN: https://ssrn.com/abstract=5048787 or http://dx.doi.org/10.2139/ssrn.5048787

Gregor Christandl (Contact Author)

University of Graz ( email )

Universitaetsstrasse 15 / FE
A-8010 Graz, 8010
Austria

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