The issue of the transfer of immoveable is at the core of the process of harmonization of European law, despite the legal regime of property is formally excluded from the influence of European law. When dealing with the transfer of property rights, legal systems aim at creating a legal framework for the market which is twofold: increasing its efficiency while preserving legal certainty. Despite their difference in legal design, it may be easily observed that in order to secure market transactions European legal systems have surrounded transfer with legal institution functioning as a gatekeeper of legality and certainty such as contractual formalities, notarial body, land registers. These institutions have been developed over the time and they cannot be easily simplified or even eliminated. It is the role of a reliable comparative legal work to understand how the different legal systems have reached such an equilibrium over the years, how and why they have translated it into their legal rules, and how these principles and rules are working in practice.
Transfer of immoveables in a European perspective / Pradi, Andrea. - ELETTRONICO. - 19:(2015), pp. 1-13. [10.15168/11572_146462]
Transfer of immoveables in a European perspective
Pradi, Andrea
2015-01-01
Abstract
The issue of the transfer of immoveable is at the core of the process of harmonization of European law, despite the legal regime of property is formally excluded from the influence of European law. When dealing with the transfer of property rights, legal systems aim at creating a legal framework for the market which is twofold: increasing its efficiency while preserving legal certainty. Despite their difference in legal design, it may be easily observed that in order to secure market transactions European legal systems have surrounded transfer with legal institution functioning as a gatekeeper of legality and certainty such as contractual formalities, notarial body, land registers. These institutions have been developed over the time and they cannot be easily simplified or even eliminated. It is the role of a reliable comparative legal work to understand how the different legal systems have reached such an equilibrium over the years, how and why they have translated it into their legal rules, and how these principles and rules are working in practice.File | Dimensione | Formato | |
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A. PRADI TRANSFER OF IMMOVEABLE IN EUROPEAN PERSPECTIVE.pdf
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