The subject matter of the paper is the transmission of property rights and title in the Argentine and Italian codes, focusing on the divergences and similarities between them, moving from the role of traditio and iusta causa in Roman law, to the rules of the Napoleonic Code of 1804 and of the former Italian Civil Code of 1865, up to the current one of 1942. The essay also deals with the aims of Real Estate Ledgers in Italy and Argentina, which both have a declaratory effect on the transmission of property rights, and the actual role of the obligation to transfer title, present in both the Napoleonic and Argentine codes, and its residual but still important role in the Italian legal system, albeit the contract can directly transfer title.
La transmisión de la propiedad en los códigos argentino e italiano / F. Delfini. - In: RIVISTA DI DIRITTO PRIVATO. - ISSN 1128-2142. - 30:2(2025 Jun), pp. 167-180.
La transmisión de la propiedad en los códigos argentino e italiano
F. Delfini
2025
Abstract
The subject matter of the paper is the transmission of property rights and title in the Argentine and Italian codes, focusing on the divergences and similarities between them, moving from the role of traditio and iusta causa in Roman law, to the rules of the Napoleonic Code of 1804 and of the former Italian Civil Code of 1865, up to the current one of 1942. The essay also deals with the aims of Real Estate Ledgers in Italy and Argentina, which both have a declaratory effect on the transmission of property rights, and the actual role of the obligation to transfer title, present in both the Napoleonic and Argentine codes, and its residual but still important role in the Italian legal system, albeit the contract can directly transfer title.Pubblicazioni consigliate
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