La pubblicità tavolare nella moderna circolazione giuridico-economica

With regard to the transfer of immovable property, besides the transcription of deeds (trascrizione immobiliare) of French origin, the Italian law maintains the land register (sistema tavolare - Grundbuchordnung) in the regions that were part of the Austrian empire until the First World War. This essay aims to study this peculiar system provided by the r.d. 28.03.1929, n. 499. Although French and German rules on transfer of immovable property are usually regarded as either-or options, in Italy there were remarkable mutual enhancements: the principles of the sistema tavolare have inspired important innovations of the transcription-system since the current civil code entered into force. At the same time, the interaction between the former Austrian law and the consensualism in the r.d. 499/1929 created a system of transfer that is more suitable to the modern economy. This research not only confirms the quality of the sistema tavolare in guaranteeing efficiency and security for the transfer of immovables, but also suggests that the Italian sistema tavolare could be recommended as a model for a common European law. The paper provides proposals for the update of the sistema tavolare as well.