Requisites of the notarial act and its registration

Abstract

The traditional function of a notary has been that of drawing up and publishing deeds which, of their very nature, in a civil law system like ours, have certain well defined consequences. The study proposes to evaluate critically the formalities of such deeds and consequent registrations in the appropriate registries and will examine on the one hand whether any formalities have degenerated into mere formalism without adding any safeguards to the system and on the other whether other formalities should be introduced. However, since the requisites of a notarial act are broader than its formality, the study will also discuss whether, in view of positive law and the recent trend in Italian doctrine and jurisprudence, the publication of a notarial act is intrinsically bound to the investigation of title in cases of transfers of immovable property. The introduction of land registration and the attempt that has been made to integrate its new concepts into the existing system based on the notarial act will be studied and evaluated so that it is determined whether the traditional role of the notary has changed or is in the process of changing.