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The italian Notary

It often happens that, after a prospective property has been inspected and chosen, substantial agreement is reached with the other party even if this is not yet formalized in written form. It is advisable to contact a notary at this early stage before signing the preliminary contract (the so-called “compromesso”). In the preliminary contract, both signatories undertake to stipulate the definitive sale contract by a certain date and on given conditions. The preliminary agreement (even i

Notaries provide the community with a complex service, they carry out a public function of the State within the framework of an independent profession. The notarial deed not only regulates transactions between parties, but it provides added value in at least three respects: - a contract signed before a notary is unchallengable and hence it avoids expensive and time-consuming litigation procedures; - it is enforceable and hence it can be used to recover credits and it constitutes pri

The notarial profession has always been, and continues to be, one that is more than ready to adopt new technology. It is sufficient to recall that from the 1960s on, any and all notaries' offices moved rapidly from traditional typewriters and duplicators to the most sophisticated photocopiers and PCs with large-capacity memories. The reason for notaries' particular attention to technological developments of this kind is evident. For over 2000 years the notary's job has been to create and con

If the property is classified with “heritage” status or if it is subject to particular artistic-scenic restrictions there must be, in certain circumstances, the authorization of the relevant authority for the sale and it is subject to pre-emption by the Monuments and Fine Arts Office; It may be that the asset is subject to certain formal claims (usually one or more mortgages) which mean it is not entirely “free”; the notary is able to check on the existence of such circumstances and advis

A  "public officer" is a professional who performs "public functions". This means that he is vested by the State  with public authority and faith, which allows him to draw "authentic deeds"  (or "public deeds"). The “authentic deed” is the characteristic  "product" of the latin notary system. Even though  the notaries' discipline can show slight differences in  the different countries adopting the latin system, they all draw up authentic (public) deeds with the same legal meaning.

When purchasing a property (apartment, garage, commercial premises etc.) it is always necessary to check that it is in order from the point of view of the building ordinances, i.e. the existence of a building permit for its construction or “concessions” for any work subsequently carried out (it is often the case that work done without authorization was subsequently the subject of an amnesty by way of a corrective building concession).For vacant land, it is always important to check its statu

Legalization is indispensable for a foreign public document to be valid in Italy. It consists only of the official certification - by the competent Italian consular or diplomatic authority abroad – of the legal status of the public official (or functionary) who has signed the document and the authenticity of his signature. If the document is issued by a foreign authority in Italy, it must be legalized by the Prefect in the district in which the foreign authority is located (except for the

When someone dies it is advisable to immediately obtain information on the transfer of the succession, that is, it has to be ascertained whether the succession – in the case in point – will be regulated by the law (since the deceased person has not left a will) or else, wholly or in part, by a will.Death is a grave and important event, on the basis of which different provisions of the law may take effect, besides the will of the deceased;  in order to avoid even important unforeseen consequences

In a property conveyance, right from what we have called the preparatory phase before the definitive contract, the notary plays a rather delicate and important role: determining whether in fact the vendor is free to sell the asset and whether the purchaser in his turn may legitimately acquire it. For example - to cite just a few of the more important aspects - the notary's tasks include certifying the personal identity of the parties (in other words that the vendor and hence the owner of

The Foreign Ministry's website makes clear that “in the list regarding the condition of reciprocity for the purchase of real estate, there is no mention of mortgages which, unless otherwise stipulated, need no further checks on the condition of reciprocity, such transactions being linked to the purchase operation”. Hence it is not necessary to check the existence of reciprocity regarding the stipulation of mortgages in the absence of an express indication to the contrary.

The “formal” lodging of a deed with a notary, whether required by law (Article 33 of Presidential Decree 445/2000; Article 106 of the Notary Law) or requested by an individual, is intended first of all to impose a control on the legitimacy of the document lodged (i.e. a check that its contents do not contravene mandatory legal rules) and also to ensure its conservation over time.Checks on the contents of foreign documents, however, must be made with reference to so-called international public or

If a married person wishes to sell a property, it is necessary to check whether or not the consent of the other spouse is needed; If a minor or a person not of sound mind is the owner of an asset, a judge's authorization is needed for the sale as well as the intervention of that person's tutor or parent or legal representative; the same thing applies for a purchase by such persons; If an inherited asset is the common property of several heirs, before selling his share an heir must firs

Only legal security in business and private relationships allow for economic development; therefore a constitutional state must guarantee  legal security to its citizens. To this goal: 1) lawsuits  must be prevented, for as much as possible; 2) the citizens must have access  to public registers whose records are reliable and legally trustworthy. Clearly the reliability of the findings depends entirely upon the trustworthiness of the deeds entered. An authentic deed, drawn by a

In the first place, the vendor is obliged to consign to the purchaser the property sold in the state in which it is with vacant possession, free of persons and things, at the time the contract of sale is notarised, i.e. at the same time as the balance of the price is paid. The vendor has the option, however, of allowing the future purchaser to occupy the property even before the actual change of ownership, it being understood that because he is still the owner of the asset he remains resp

The board of statutory auditors is the audit body of the joint-stock companies that adopt the traditional system:  it has the task of monitoring the company’s compliance with the law and the Memorandum of Association and has a supervisory function with regard to the actions of management. The Board of Auditors only exceptionally exercise accountancy control  and they do so only in closed companies, that is, companies which do not have recourse to the venture capital market, and only if envis

On the basis of the provisions in force as of 1 January 2004, the administration of joint-stock companies may be organised according to three separate models:  the traditional model, the monistic model (of Anglo-Saxon origin) and the two-tier model (of German origin).In the traditional model, the directors have the task of running the company, and are accordingly provided with the power of being pro-active i.e. promoting the decision-making activity of the meeting (power of initiative), of i

Once upon a time it was enough to say that a foreigner was someone who was not an Italian citizen. This definition – to be clear – is still valid. Except that Article 17 of the EC Treaty institutes a citizenship of the European Union which is attributed to anyone who is a citizen of a Member State. Belonging to the European Union brings with it various consequences, some of which are very important, like the prohibition on

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