Transcripts 1

Original Language Title: Trascrizioni 1

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LAW ON THE TRANSCRIPTS (1) March 14, 1918 No. 11 Art. 1. - it must be mandatorily made public by means of transcription: 1 - acts inter vivos, whether free of charge, both for consideration, which transfer the ownership d ' real estate or other assets or rights capable of mortgage; 2 - acts between living persons that are or modify servants' prediali, rights of use or habitation, or transfer the exercise of the right of usufruct; 3 - acts between living renunciation of the rights of any sort, that reflect real estate; 4 - the award decrees issued following enchantment of properties or other assets or rights capable of mortgage; 5 - the leases of property in excess of nine years; 9 - the company contracts which relate to the use of immovable property, when the company's duration exceeds nine years or is indefinite; 7 - judgments declaring the existence of a co prevention minutes of the nature of those set out in previous issues; 8 - the general procedures and their revocation. Art. 2 - The acts and rulings set out in the previous article, until they are transcribed, they have no effect with respect to third parties who, for whatever reason, have acquired and lawfully maintained on the property rights. Followed the transcript may not be effective against a buyer no transcript or recording of rights acquired from its author, although the purchase goes back to the time prior to the title transcribed. Art. 3. - The divisions that I object to real estate, must, under pain of nullity be made by public deed or private deed, and must be transcribed. It will also be transcribed demand for judicial division. The creditors and transferees of a participant not ptranno challenge the division accomplished without their intervention, if you do not have transcribed the opposizi it prior to the recording of the act of division, and in the case of judicial division, d t the relative demand. They are certainly considered as opponents third on whose behalf they exist, before those transcripts, mortgage registrations and transcriptions of one of the acts set out in Articles 1 ° n. 1, 2 3, 4, 5, 6 and 7, 3rd, 4th, 5th, 6th, 7th, 8th and 9th of this Act. Art. 4. - They must also be made public by the transcription, the transactions related to goods listed in numbers 1 and 2 of art. 1. Those who have acquired and lawfully maintained rights on the property, prior to the recording of the transaction, they can bring in their own name and continue the dispute to the effect of Mantener prejudice to their rights. Art. 5. - It must be transcribed, if I object to the goods referred to in Article. 1 n. 1, the constitution of the dowry paid by the constraint provided. Until it is transcribed, the dowry constraint may not be enforced against third parties. Art. 6. - They transcribed the sentences stating purchased by prescription or other securities not transcribed one of the rights mentioned in numbers 1 and 2 of art. 1. Art. 7. - They must be transcribed, though I object to have the well in art. 1 n. 1 and 2, the steps that take place due to death. It will serve as the title of inheritance denunciation presented to the Office to the effects of the application of the inheritance tax. Art. 8. - They transcribed the questions listed in the following numbers: 1 - applications for revision, termination and resolution of any contract concerning real estate; 2 - the question of devolution of the long lease fund. Creditors who have registered mortgage on the bottom prior to the recording of the demand for devolution and to which the latter has not been notified, also retain the right to enfranchisement took place after devolution to final judgment or by convention; 3 - applications for simulation statement of the acts referred to in Articles 1 and 3 of this Act. Judgment rendered on these questions are without prejudice to third parties in good faith, in whose favor there transcripts or prior enrollment tr scription of the same questions; 4 - the cancellation actions when they refer to acts or decisions subject to transcripts, in accordance with this law. Ten years after the transcription of the act or the judgment under appeal, they remain subject to the rights acquired by third parties in good faith on the properties before the same questions. The transcript of the questions mentioned in the preceding numbers is done by recording the sidelines of the transcription or registration, whether it refers to a recorded document or writing. Art. 9. - It has to be transcribed the minutes of seizure in proceedings concerning the execution on real estate. Art. 10. - When a recorded document or writing was canceled, terminated or revoked, or is subject to
condition, cancellation, termination, revision or the fulfillment of the condition must be noted in the margin of the transcript, or enrollment, if found by judgment or by public deed or by private contract with notarized signature. Article 11. - The transcript can not be except by virtue of a judgment, an official record, a private deed or inheritance complaint or any other act covered by this law. The judgments and acts followed in the foreign country must be duly legalized. Art. 12 - The party claiming the transcription of a title must present a certified copy to the Registrar. Art. 13. - Any person requesting a transcript of an act or a judgment has to submit to the Conservator of Mortgages, along with the copy of the title, two notes c ntenenti the following information: 1 - name and surname, father's name and domicile or residence of the parties; 2 - the nature and date of the title you asked the transcript; 3 - the name Public Officer who has received the document or notarized signatures or the Judicial Authority indicating that delivered the judgment or issued the warrant; 4 - the nature and position of assets referred to by the title with an indication of cadastral data. The notes on transcripts of art. 7 are drawn up by the Conservative when the formalities must be carried out ex officio in accordance with Article. 18. Art. 14 - The title for the transcription of a transfer due to death is made by a certified or released in authentic form by the Conservative, according to the results of the complaint of inheritance, and containing the following information: a) the name of the deceased and that the heirs and legatees of real estate or property rights; b) the date of death; c) the species of succession, if that is tested or letterhead, citing, in the first case, the date, the deed and the opening of the will; d) the family relationship between the deceased and the heirs or legatees; e) real estate or real estate rights, which were the subject of inheritance, by the exact details of all the data by which the property in question is represented in the land registry. Along with that title you must submit a certified copy of the will, if the transfer follows according to it, and a note, double original single, which must indicate: 1 - the name, last name, paternity and domicile or residence of those who made the purchase, and the author of the succession; 2 - the date of the death of the latter; 3 - if the succession is devolved by law, the close bond uniting the author called, and the share due to the same; 4 - if there is a will, the kind, shape and dat and the same, the name of the notary who has received or has in store: 5 - the nature and position of assets with indication of the data cadastral. Art. 15. - The Registrar of Mortgage shall keep on file, in appropriate volumes, the titles that are delivered, and will transcribe in the private register of the transcripts the contents of the note, indicating the day of delivery of the title, the order number assigned to him in the register deposit and the volume number in which he placed the license itself. The Conservative return to the requesting one of the notes which will certify the transcription performed with the above instructions. Article 16 - The omission or inaccuracy of any of those required in the notes mentioned in Articles 13 and 14 does not harm the validity of the transcript, except induces absolute uncertainty on the transfer of the right or on the property that is the object. Art. 17 - The transcription of the title, regardless of who you face, profits to all those who have an interest. Art. 18 - The request of the formalities of the transcript of the proceedings, referred to in Article. 1 numbers 1, 2, 3, 5, 6 and 8, will be made by the attesting notary under his personal responsibility, or by the contractors, when the title is to be registered by a private deed. In the transcript referred to the numbers 4 and 7 of the said Article and Articles 6 and 9 will be required by the Registrar as soon as it occurred will be the publication or delivery. The transcript of transfers that occur as a result of death will be made official by the Registrar as soon as it was levied the tax uccessione, if they have not already done so concerned. The other transcriptions will be performed by the parties concerned. Art. 19 - Those who have entered into an agreement, ottenu a judgment or proposed a question subject to transcription in the interests of incapacitated person represented by them, or that they care provided in the Convention or in the judgment, must ensure that it follows the transcript the act or judgment.
The absence of the transcript can also be opposite to minors, and to interdict any other incapable, except on them the right of recourse against those who had the obligation of the transcript. But the lack of transcription can never be opposed by the people who had the obligation to do it for their own representatives or administered, nor their heirs. Art. 20. - The registration of charges of ineffectiveness from the transcript of the questions set out in Article 8 and the foreclosure record provided for in Article 9 will take place when it is properly consented by the interested parties or judicially ordered by a final court judgment. Art. 21. - The costs of the transcript, unless there is agreement to the contrary, must be borne by the heir. If more 'are buyers or interested to spend som ition, each of them has to repay the one who has made the part of the expenditure corresponding to the portion to which it is concerned. TRANSITIONAL PROVISIONS Art. 22. - The effects resulting omission of the transcripts or records, which were not required under previous laws, will not take place with respect to the acts and the earlier applications to the implementation of this Act, nor to open succession before 'implementing it. From the day of implementation of this law will lose all effectiveness the previous laws on the transcript. Article 23. - This Act shall come into force on 1 August 1918. (1) R. p. 301