The content of the notary deed

The deed must be clear and complete, so that the parties can understand the contents and legal effects. Therefore, in the preparation of the deed should be avoided terms (ie words) and clauses of style that does not correspond to a real intention of the parties either do not have a precise legal meaning. Moreover, as far as is possible, while respecting the precision of legal language, the choice of terms to be used must be preferred to those whose meaning is more readily apparent to those who do not know the legal language. In particular, in the case of a sale of real estate or other real estate contract , the deed must contain the exact identification of the properties (by describing cadastral boundaries and the indication of non-generic ). It should also be attached to the notarial deed drawn plats or cadastral plans and the names of rights which limit the enjoyment or disposition of property (eg, passive easements, constraints not buildability or use, mortgages, etc..). In the acts of public property can not, as a rule, be contained clauses which exclude or limit the duty of the notary to ensure that the goods covered by the Act are free from mortgages, foreclosures or other constraints. Such clauses may perhaps be admitted only in very exceptional cases and for justified reasons.

 

In the case of a public deed, the notary is obliged to read it in its entirety to the parties (in front of witnesses, if the act is concluded with the assistance of witnesses). The reading of the Act must not be hurried nor incomplete, and the obligation of reading is not fulfilled exactly when the parties are far enough away not to be heard clearly by the notary reading. Any party may request a photocopy of the deed in order to more easily follow the reading. For writes, private law does not prescribe the obligation of reading , but the code of ethics requires that the notary deed has to be read before signing, to allow the notary to ensure that the document matches the intent of the parties. The notary does not exhaust its activities with the signing of the deed, but he has to fulfill the obligations to which it is obliged by law or by appointment received by the parties. For some requirements (eg transcriptions in the land register entries in land registers in the register of succession) the notary must provide by law without delay or within a short time, for others (eg, mortgage registration) it is appropriate that the notary makes provision as soon as possible to avoid damage to parts.

 

 

The content of the notary deed – Il contenuto dell’atto notarile

The deed must be clear and complete, so that the parties can understand the contents and legal effects. Therefore, in the preparation of the deed should be avoided terms (ie words) and clauses of style that does not correspond to a real intention of the parties either do not have a precise legal meaning. Moreover, as far as is possible, while respecting the precision of legal language, the choice of terms to be used must be preferred to those whose meaning is more readily apparent to those who do not know the legal language. In particular, in the case of a sale of real estate or other real estate contract , the deed must contain the exact identification of the properties (by describing cadastral boundaries and the indication of non-generic ). It should also be attached to the notarial deed drawn plats or cadastral plans and the names of rights which limit the enjoyment or disposition of property (eg, passive easements, constraints not buildability or use, mortgages, etc..). In the acts of public property can not, as a rule, be contained clauses which exclude or limit the duty of the notary to ensure that the goods covered by the Act are free from mortgages, foreclosures or other constraints. Such clauses may perhaps be admitted only in very exceptional cases and for justified reasons.

INSURANCE

The Notary is insured with policy no . IFL0006100 AON - Banchero Costa with ceiling up to EUR 3,000,000.00

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