Italy – 47th National Congress of the Italian Notariat, 15-17 November 2012

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Italian notaries came together on 15-17 November in Naples for their 47th congress, where they discussed the role of the profession in economic recovery. Against the backdrop of the global economic crisis, the aim of this gathering was to highlight the fundamental benefits of the notariat for citizens and companies, and also to formulate concrete legislative proposals.

At the opening ceremony, representatives of the profession and politicians spoke on the notariat's contribution to the legal certainty of socioeconomic relations. As Italian Minister of Justice Paola Severino pointed out, "Notaries are a fundamental point of contact not only for citizens but also for companies and public administration services, since they are legal actors who constantly strive to reconcile individual and general interests, public and private interests, and to interpret the ever more complex rules of our legal system." 

The speakers drew attention to the notariat's positive effect on the economy through its role in the fight against money laundering and the introduction of electronic acts. The importance of notaries in the process of real estate transfer was also highlighted. In addition to notaries' preventive action in this area, in which litigation is very rare, the profession is also involved in the EUFides project, a European-level initiative from the CNUE which aims to facilitate cross-border real estate transactions for EU citizens. 

The inclusion of young professionals is another of the notariat's priorities, and has led to significant structural reform with regard to the territorial jurisdiction of practices and the number of notarial positions awarded each year through a national competition. Moreover, the Italian notariat has agreed to charge young entrepreneurs nothing for their services in helping them set up new companies. 

The 47th conference was also an opportunity to present five legislative proposals aimed at modernising the legal framework and improving Italy's economic development. These proposals were for the introduction of a trust contract, the introduction of a certification of succession following the recent adoption of the EU Succession Regulation, increased legal certainty for those buying real estate which has not yet been constructed, reform of the process for the establishment of legal persons, and greater legal certainty for real estate transfers, particularly those resulting from a donation or inheritance.  

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