74770 - Notary Law

Learning outcomes

The course is designed to provide final-year law students enrolled in the Master’s Degree Program in Law with an initial understanding of notarial practice — whether they are already interested in this particular area of law or are still undecided about which legal path to pursue after graduation. The course offers an additional interpretative key for making informed decisions. It may also be of interest to future judges, lawyers, and archivists who wish to gain a general overview of the notarial field or acquire the necessary tools to consider taking the notarial examination, thus contributing to a more unified legal preparation. The primary objective of the course is to enable students to competently reconstruct a branch of law that lies at the intersection of civil law, commercial law, and tax law, bridging the Civil Code and special legislation. The course aims to equip students with the legal tools needed to navigate both inter vivos and mortis causa acts.

Course contents

Delivery Mode: In-person (Conventional)

THE NOTARY AND CONTRACT LAW

1. The notary and the Civil Code

2. Contracts and private autonomy

3. Real estate law

THE NOTARY AND SUCCESSION LAW

1. Succession upon death

2. Inheritance and legacy

3. Intestate succession and testamentary succession

4. Forced heirship and the protection of rightful heirs

5. Donations, partition, and family agreements (patto di famiglia)

THE NOTARY AND FAMILY LAW

1. Community property and separation of assets

2. Family assets (fondo patrimoniale)

3. Civil unions

4. De facto cohabitation

5. Cohabitation agreements

THE NOTARY IN THE ITALIAN LEGAL SYSTEM

• Role and competence of the notary

• Formal requirements of notarial acts

• Types of notarial acts

• Overview of notarial function and company law

Readings/Bibliography

FOR ATTENDING STUDENTS

A. Albanese, I profili successori nel nuovo diritto di famiglia, Pacini, Pisa, 2018 (Monograph).

For topics not covered in the above monograph, students may refer to class notes. Additional materials and reading suggestions will also be provided during the lectures.

A student is considered “attending” if present from the first to the last class (except in cases of justified absence) and actively participates in the activities of the course, including those held outside regular class hours and including seminars. For this purpose, the status of “attending student” is an exception and is granted solely at the discretion of the instructor.
The use of mobile phones during class is strictly prohibited.

FOR NON-ATTENDING STUDENTS

A. Albanese, I profili successori nel nuovo diritto di famiglia, Pacini, Pisa, 2018 (Monograph).
M. Di Fabio, Manuale di notariato, Giuffrè, Milan, 2020.

The in-depth study of sale contracts, real estate law, and the main other types of contracts may be carried out using a textbook or legal treatise of the student's choice.

Teaching methods

The course aims to offer an opportunity to explore topics of great practical importance — such as succession law — which are often overlooked in traditional legal education. A key component will be the practical case approach as the final phase of analysis: for this purpose, case simulations will be frequently used, with students divided into teams to compare different solutions. Theoretical institutions and case studies will be further developed through the drafting of relevant notarial acts.

Some notaries will be invited to speak during class sessions, and to provide an overview of notarial practice in different legal systems, students will also have the opportunity to hear from notaries and university professors from abroad via online connections.

THESES

To be assigned a thesis in Notarial Law, students must have either passed the exam or at least attended the course.

Assessment methods

The exam is conducted exclusively in oral form. It consists of an interview with the professor and the teaching staff, focusing on the topics covered in the course program. The evaluation will take into account the student's knowledge of institutional aspects, their ability to make connections between different parts of the program, and the clarity of their presentation.

For illustrative purposes only, the final grade will be assigned based on the following criteria:

• Sufficient or slightly more than sufficient preparation on the topics covered, limited critical ability, difficulty using technical-legal language → 18–21;

• Fair or fairly good preparation, decent critical ability, good use of technical-legal language → 22–25;

• Good or more than good preparation, good critical ability, command of technical-legal language → 26–29;

• Thorough preparation, excellent critical ability, full command of technical-legal language → 30–30 cum laude.

Note: Students are allowed to refuse the grade only once (Art. 16.5 of the University Teaching Regulations).

Teaching tools

The study of the texts must be accompanied by the simultaneous use of an updated Civil Code. It is therefore essential that students bring their own copy of the Civil Code to class, in order to gain confidence and familiarity in consulting it — a skill that is indispensable in any legal career they may pursue.

Office hours

See the website of Antonio Albanese