In carrying out his activity, the notary, as a public official, must comply with precise rules
established in the code of ethics and by law to guarantee that:
- the notarial deed complies with the will of the parties;
- the notarial deed is valid and therefore compliant with the law;
- the legal effects of the deed are not prejudiced by constraints or rights of third
parties (for example mortgages, foreclosures, easements, pre-emptions, etc.) of
which the notary has not notified the parties.
If the notary does not fulfill his professional duties he is responsible by law in various
respects:
- civil, if he has caused damage to the parties due to the failure to fulfill his
professional duties, the notary is obliged to compensate for the damages; - criminal, if he has committed crimes;
- disciplinary, if he violates ethical principles of the professional category, the notary
must pay fines of a pecuniary nature or be suspended from practicing the
profession for a certain period of time or, in the most serious cases, he shall be
dismissed.
Due to these responsibilities, notaries were the first professionals in Italy to equip
themselves, since 1999, with compulsory insurance which by law covers every notary in
the event of erroneous civil liability. Furthermore, there is a guarantee fund for damages
resulting from criminal offenses.
Notaries are subject by law to continuous inspections carried out by the State: all notarial
deeds are subject to periodic checks (every 4 months) by the Revenue Agency as well as
by the Ministry of Justice (every 2 years).
The District Notary Councils also supervise the correct behavior of the notary. In case of
irregularities, he is judged by a regional disciplinary commission, independent of the
District Notary Council and presided over by a senior magistrate. This guarantees absolute
impartiality in decisions and cuts to the root any possible form of “domestic justice”
between members of the same order.