Closest equivalent rights and adaptation
1. What are the main rights in rem arising from successions in your system?
Rights in properties located in Italy arising from successions are determined according to the civil code. They are listed in art. 2643, number 1, 2 and 4:
- Property – proprietà
- Usufructus – usufrutto
- Leasehold – Superficie
- Enphiteusis – Enfiteusi
- Easements – Servitù prediali
Use and habitation or liberation from them.
Rights may arise either by a will where a property is divided in accordance with the wishes of the testator and may be subject to certain other rights, for example, the statutory right of a spouse to a statutory share.
Where a deceased dies without leaving a will, property is devolved by law. For example, X dies without a will and was married and had 2 children. The spouse is entitled to a two quarter share and the children to the other two quarter share divided in two (one quarter share each) in the net assets of the deceased.
2. What would the role of your Land Register or registrars be in order to put in practice the principle of adaptation? What contributions could the Land Register make?
The Land Registrar cannot give any contribution in order to put in practice that principle.
- Imagine you receive a request for the registration of a foreign European Certificate of Succession. It follows from this Certificate that one of the heirs is entitled to a right that is not part of your national numerus clausus. How do you approach this problem?
In that case the adaptation principle is to be applied according to art. 31 of the Regulation.
