La valida causa degli atti e il controllo del Giudice tavolare

The essay deals with judicial control regarding real estate registration within the so-called “tavolare” system. Special focus is devoted to the requirement of «valid cause» in Article 26 of the so-called Tavolare Law (i.e., land register law in force in the former Austrian territories of Italy). The essay draws attention to the principles of public faith and the presumption of ownership, comparing them with the causalist principle adopted in the Italian general regulation of property transfer. Such a principle applies to the Tavolare Law, as well. The essay argues that this extension does not conflict with the Austrian derivation of the Italian “tavolare” system. Moreover, the essay dives into the recent doctrinal developments regarding the distinction between the “causa” in a formal and substantive sense. Finally, cases decided under the Tavolare law are analyzed.