4 Can or must the matrimonial property regime be registered?
The statutory regime, in contrast to the conventional regimes, is made public in a so-called 'negative' way, in the sense that it is presumed and considered enforceable against third parties due to the fact that there is no contrary annotation in the margin of the record of celebration of the marriage. The conventional regimes are made public via an annotation in the margin of the record of celebration of the marriage filed in the paper or electronic archives kept by the civil registry office (Art. 69 of Presidential Decree No. 396 of 03/11/2000).
4.1. Do one or more matrimonial property registers exist in your country? Where?
Besides the registration with the civil registry office, which determines the enforceability against third parties, in certain cases, public registration in the land register is required (Art. 2647 CC), but according to the prevailing doctrinal opinion this might take the form of a simple public notice with no relevance to its enforceability against third parties.
4.2. Which documents are registered? Which information is registered?
Amongst other things, the following are to be noted in the margin of the record of celebration of the marriage filed at the civil registry office (Art. 162 CC, Art. 69 Presidential Decree 396/2000): the date of the agreement, the notary who drew up the authentic instrument, the particulars of the contracting parties, or the choice of the regime of separation, the choice of law, the judgement on the dissolution of the marriage or the judicial separation of property. The request for annotation of the agreement shall be made by the notary who drew up the authentic instrument.
4.3. How and by whom can the information in the register be accessed?
Anyone is entitled to consult the civil registry office.
4.4. What are the legal effects of registration (validity, opposability)?
The effect of the public registration is to make the matrimonial property regime enforceable against third parties.
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Couples in Italy
Current country: Germany