Brevi note sulla disciplina delle ipoteche nella Milano napoleonica. Dall’assimilazione legislativa francese a quella asburgica

This work intends to examine the necessary process of adaptation to the Napoleonic kingdom of Italy of French regulations that imposed a rather radical change of course with the law of the ancien régime, and the resistance that emerged in the attempt to implement an adaptation of those regulations that took account of local specificities. This process of adaptation of transalpine discipline to the Italic kingdom naturally also involved mortgage law. In the Napoleonic era, legal tacit mortgages and general mortgages had been maintained in the Kingdom of Italy in favour of certain subjects, and with obvious prejudice to third parties. In addition to the rules contained in the code, a special discipline had been enacted in Italy with the main purpose of supplementing the codictic discipline. Luosi had considered that the same provisions should also have been enacted in the kingdom, “the legislation in this matter being common”. The end of French rule entailed the application, once again, of new legislation. An attempt will therefore be made to understand what happened during the transition from the Napoleonic Code to the ABGB, which, as is well known, was very advanced in mortgage matters, having implemented the modern principles of publicity and speciality more rigorously than the French code.