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South Tyrol's Special Status in Private Law: the 'Entailed Farm' and the 'Grundbuch' Systems

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Chapter Summary

This chapter presents a juridical analysis of a traditional institution under Austrian law that still exists within South Tyrol, the ?entailed farm?. Reference is made to another peculiar institution, the ?Grundbuch?. South Tyrol has peculiar forms of private law, which reflect even more than some public law features the distinctiveness of the local legal environment. According to the tradition and to the law, the ?entailed farm? is an agricultural farm, with a building for the family to live in, which is inscribed in a special section of the catalogue of real estates. The chapter analyses the judgments of the Italian Constitutional Court on the question of the ?entailed farm? system. The Constitutional Court issued some judgments about the legitimacy of the ?entailed farm? system, which could seem to breach the principle of equality articulated in Article 3 of the Italian Constitution.

Keywords: Austrian law; entailed farm; Grundbuch; Italian Constitutional Court; private law; South Tyrol



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