The importance of notaries in Civil Law systems is clear in a famous quote by Francesco Carnelutti, one of the most important Italian lawyers in the 20th century: “The more you use notaries, the less you go to Court”.
Notaries play a role of preventive justice, which substantially contributes to the restraint of suits in Italy, a country that has a strong inclination for litigation.
E.g., in the field of real estate transactions, one of the main activities of Civil Law notaries, there are approximately 1.700.000 sales and 50 causes per year (0.0029%).
Two are the essential elements of the role of the Civil Law Notary.
The first one is trust, based on: impartiality (each part in the contract is assisted by the notary); high competence level (the competitive exam organized by the Ministry of Justice is perhaps the most difficult one); his nature of public officer, too (which gives him the power to confer public trust, i.e. the status of legal proof, to deeds).
The second one is the private organization of the activity of the notary, who is not a public servant, but an independent professional. Therefore, the celerity in preparing deeds and contracts, in sending them to public registries, and in incorporating companies is possible because of the onerous investments made by notaries in their firms, in order to assure their clients with security and efficiency.
Why are there notaries in Civil Law countries, then? The answer is simple: because people have more certainty, more efficiency, lesser costs, and easier relations with the public administration. Clients can enjoy the services of a professional who is responsible under the law and subject to continuous control by public offices and by the Chambers of Notaries.
A Civil Law notary is a high-level (and economic) “one stop shop” for legal services; in these times of uncertainty and complexity, is it worth it?
More on: www.notariato.it
- Sale and Purchase Agreements and Deeds, Partitions, Mortgages;
- Formation, Incorporation, Amendments of Partnerships, Companies, Corporations;
- Mergers and Acquisitions;
- Sale and Purchase of Shares;
- Joint Ventures;
Non Profit Organizations
- Formation, Incorporation, Amendments of Associations, Foundations, Charities.
- Sale and Purchase of Credits;
- Inheritance Tax Declarations;
- Acceptances and Waivers of Inheritance;
- Conventions and Agreements;
Service after the deed
- Registration in Public Registries;
- Copies of Documents and Registers;
- Power of Attorney;
- Notarization and Legalization of Documents and Affidavits.