In Italy, notaries are public officials and among the best attorneys in the
country. In fact, Italian notaries public must pass a very difficult exam that
requires a very thorough knowledge of Italian law.
of law do they work in and what do they do?
Notaries work in real
estate law, corporate law, tax law, and estates and trusts. Their main task is
to guarantee and certify that transactions are legal and that all laws are
Notaries have a very specific role: they do not
represent the seller or the buyer but the government. Therefore, they cannot
assist you in the negotiation phase, but can only draft the completion deed.
the difference between the notary public in countries like the United States
and England and in Italy?
In countries such as the United States, England,
Canada, Australia and Ireland, notaries public have very limited function. They
basically just authenticate signatures, and for this reason, almost anyone can
become a notary.
The situation is
very different in Italy, where notaries are experts in the law because they
must ensure that certain laws, considered by the state of fundamental
importance, are followed, in addition to authenticating signatures. They are
also involved in collecting the taxes due on the notarial deed for a real
estate purchase. Given this role, all notaries must pass a very difficult exam.
However, they cannot represent either party in the purchase transaction because
they are public officials and only represent the government.
buy a house in Italy without a notary?
No, you cannot.
While anyone can draft the purchase proposal and the preliminary contract, the purchase
deed must be drafted by and signed in front of a notary to ensure that the
transaction is legal and that all laws are followed. Why are notaries so
careful that the law is carefully followed? They will be personally liable if
something goes wrong!
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