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The figure of the Latin Notary, which includes the Italian one, differs considerably from the apparent counterpart of Anglo-Saxon law. The first is an active part of a juridical system that bases its legitimacy on written law and in which the written proof is the Queen of the procedural system.
For this reason, the law establishes that some legal acts (donations, real estate sales, marriage agreements, mortgage loans and so on) must be stipulated by adopting particular forms (depending on the case, public deed or authenticated private deed), which guarantee, thanks to the intervention of the Notary, the maximum degree of protection of all the subjects involved.
The Notary, by virtue of the preparation and rigorous selection (only a small percentage of candidates in the competition are appointed as Notary) is able to offer the legal solution most appropriate to the will of the parties, and in compliance with all current regulations.
The impartiality of the Italian Notary, who assesses and reconciles the intentions of the parties regardless of who has entrusted the task, are protected by the law by providing for severe sanctions in the event of violations and subjecting the work of the Notary to rigorous checks, carried out by the Ministry of Justice and other public offices.
The Common Law Notary, on the other hand, is part of a legal system based on orality. In this context, the legal system has left the regulation of the writing of legal acts in the broad sense to individuals, entrusting the actual implementation to partisan professionals (lawyers, consultants ...).
Within this system, the role of the Public Notary is substantiated only in the certification of the authenticity of the signing of certain documents, without the obligation to take a position on the content of the same, and without the possibility of providing legal advice to the parties, being the latter - indeed - explicitly prohibited.
It is therefore clear that the Civil Law Notary and, more specifically, the Italian Notary offers the highest degree of guarantee and protection of the parties' private interests.
