The personal relationship between the notary and the parties

By law, "it is the notary who investigate the will of the parties and personally direct the full compilation of the act" (Article 47 of the Notaries Act).

The notary must investigate the intentions of the parties in-depth and comprehensive, with questions and exchange of information designed to investigate the motives and the possible modifications of the will (code of ethics appr. Since Cons. Naz. Not. 24/02/1994 The ).

Therefore, the relationship between the client and the lawyer begins to rule and prior to the conclusion of the reading of the deed, to allow the customer to set out to complete his will and the notary to understand, and the notary has the duty of directing personally the parties in the choice between the documents and clauses that you can use to achieve the fullest extent practical purpose that the parties propose, however, adjusting to the mandatory rules of the law (ie, rules which can not be waived ).

The investigation of the intention of the parties may also be performed at the time of receipt of the authentication of the public or private writing .

The notary may employ staff in dealing with the parties and meets the work of its employees, who work under his direction anyway. In any case, the lawyer can not delegate to others the investigation of the intention of the parties who have the right to manifest more and to him personally.

Even when the document is drawn up in accordance with a draft prepared by the parties or one of them (eg, bank loan agreement) or other (eg, power of attorney prepared by a motor agency), the notary must explain to the parties the contents and legal effects of the act and ensure that they reflect the will of all parties.

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