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Real Estate Transfer in Italy

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Real estate transfer

In the italian legal order, the things that take on juridical importance are divided in two macro-groups: real estate (beni immobili) and chattel (beni mobili). As it’s written on Civil Code of 1942 the “real estate” are: “il suolo, le sorgenti e i corsi d'acqua, gli alberi, gli edifici e le altre costruzioni, anche se unite al suolo a scopo transitorio, e in genere tutto ciò che naturalmente o artificialmente è incorporato al suolo.
Sono reputati immobili i mulini, i bagni e gli altri edifici galleggianti quando sono saldamente assicurati alla riva o all'alveo e sono destinati ad esserlo in modo permanente per la loro utilizzazione” (art. 812 cod. civ.)
The ground, the sources, the trees, the buildings, or other things joined to the ground even if temporarily and in general enythings that is joined to the ground artificially or naturally. Moreover, are considered real estate also the mills, [I bagni- stabilimenti?], floating buildings, when these are fastened to shore.

The arrangement in one or another group take importance for many reasons: in La collocazione dei beni nell’ambito dell’una o,piuttosto, dell’latra categoria assume pratica rilevanza sotto molteplici aspetti disciplinari, che attengono:
Formality: acts about real estate need of particulary formality (written form?)
Registration: acts about real estate need of registration in public registers ( speedy and and safety transfer) Warranty (guarantee??): mortgage (ipoteca) vs pledge (pegno)
Res nullius: chattel can be proprerty of someones while reale estate in case of res nullis become property of the State.

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