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In the event of a mortgage granted on state-owned land, the Notary is responsible

  • 15/02/2021

The Civil Cassation, with ruling of 3 February 2021 n. 2493, confirmed that the peaceful knowledge by the Notary of the state property regime of the property and of the derivation of the superficial right from the concession necessarily require that his duty of diligence must be pushed to verify whether the concession still exists and, therefore, its existence makes that right permanent, insofar as it derives from the concession itself: this not only on the basis of the same, even if required by the Notary due knowledge of the general regime of state property and its implications on derived rights, but in any case and first of all the necessary knowledge of the terms and conditions in which a right to be alienated that is dependent on another sees this dependence regulated, so that the fruitfulness of the alienation cannot be affected by the fate of the prejudicial right.

 

 

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