Effects of Transcription: Analysis of Order No. 11213 of 2024

The recent order no. 11213 of April 26, 2024, issued by the Court of Cassation sheds new light on the criteria for the enforceability against third parties of acts relating to real estate. This aspect is fundamental to ensuring certainty and stability in real estate transactions, especially in complex contexts such as successions.

The Issue of Transcription

According to the Court, to assess whether a real estate act can be enforced against third parties, it is necessary to refer exclusively to the content of the transcription note. This implies that the note must provide clear and unequivocal information regarding the essential details of the transaction and the assets connected to it. In this way, uncertainty arising from the analysis of the content of the title itself is avoided.

• Clarity of information in the transcription note.
• Precise identification of the assets involved.
• Exclusion of the examination of the title's content for the assessment of enforceability.

Transcription - Acts relating to real estate - Effects of transcription - Enforceability against third parties of the transcribed act - Conditions - Exclusive reference to the transcription note - Necessity - Factual situation. To establish whether and to what extent a given act relating to real estate is enforceable against third parties, regard must be had exclusively to the content of the transcription note, as the indications reported in the note itself must allow for the identification, without possibility of ambiguity and uncertainty, of the essential details of the transaction and the assets to which it refers, without the need to also examine the content of the title which, together with the aforementioned note, is filed at the real estate registry office. (In the present case, the S.C. quashed the judgment which had qualified as self-sufficient a transcription note concerning a claim to challenge a will for infringement of the legitimate share, considering it to refer to the entire real estate portfolio included in the deceased's hereditary estate, despite the absence of any element capable of certainly identifying the included assets).

Practical Implications of the Ruling

The decision of the Court of Cassation has significant practical implications. It establishes that, in the absence of clear indications in the transcription note, acts cannot be considered enforceable against third parties. This principle applies particularly in cases of challenging wills and in inheritance disputes, where clarity in documentation is essential to avoid future conflicts.

Conclusions

In summary, order no. 11213 of 2024 highlights the importance of correctly drafting the transcription note, emphasizing how it represents the core of the enforceability of real estate acts against third parties. Legal professionals and citizens must pay attention to these aspects to ensure the validity and security of their real estate transactions.