Questione giuridica chiave
Whether the ex officio deletion of the provisional mechanics' lien was erroneous and rectifiable by land-register complaint
Decisione estratta
No. The deletion was not mistaken because the provisional registration had been time-limited and the land registry had no duty to verify the filing of the action for definitive registration.
Motivazione estratta
The registry acted on the basis of the court order fixing a four-month period and providing for deletion if no proof of suit was filed. The proper remedy for alleged substantive unlawfulness was a re-entry action under Art. 976(3) ZGB, not a land-register complaint.