The kind of the deed

The notarial deeds can be public or private documents authenticated.

The act must be drawn up by a notary, while the private writing may also be made by others (namely by anyone). The Code of ethics of notaries states that even if the notary is called to authenticate a private document prepared by others (ie, by the parties themselves or by professionals or other persons they trust) must check that the document complies with the law and corresponds to the true intention of the parties, including through the reading before it is signed. Therefore, the difference between the notary deed and the private deed has been softened. In practice, the main differences are the following: the act must be drawn up by a notary public; if it was not written personally by the Notary Public, should be read by him to the parties, who must all be present simultaneously in front of the notary. It must be written in Italian (possibly with a translation into a foreign language) and be signed by the parties and the notary at the same time, must be preserved (except in exceptional cases) in the collection of the acts of the notary and is therefore subject to the control of the conservative archive notary public. The private deed can not be drawn up by a notary, can not be read by the notary to the parties and can be authenticated by several notaries (each of which attests to the authenticity of the signatures and the identity of the parties who signed the act in his presence). In addition, the notary has no obligation to preserve it, but it can release it to the original parts. (For deed subject to advertising or commercial real estate, the Code of ethics states, however, that the notary must keep in the collection of his actions even private contracts, if the parties have not requested their return).

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