74770 - Notary Law

Learning outcomes

The course aims to provide students with the last year of the legal tender status of master's degrees in law from an initial knowledge of notarial activity for those who are already interested in this particular area of law, or for anyone who wants to know him better in indecision on the road to legal undertake post-graduate in providing them with a key reading more.
Additionally, it may also relate to future judges, lawyers and clerks to have a classification of notarial world, or at least to have the means to decide to support even the competition notarial helping to provide a unified preparation.
The primary objective of the course is to provide students with skills to rebuild a branch of law that straddles between civil law, commercial law and tax law, including the Civil Code and special laws providing the legal means to move between acts inter vivos and mortis causa.

Course contents

NOTARY LAW (Module 1) - General Part

Pietro Zanelli

Teaching method: in presence (Conventional)

 

THE NOTARY

1. Notaries in the Italian legal system.

2. Definition. The nomination and assumption of Notary functions. Termination of the exercise of the function.

3. Controls and supervision of notarial activity.

 

FUNCTION AND COMPETENCE OF THE NOTARY

4. Nature and Characters:

follows: a) The certification function;

follows: b) The adjustment function.

5. The limits of the function. Territorial jurisdiction. Functional competence.

 

THE FORM OF NOTARIAL DEEDS

6. Art. 51 L. n. 89/1913

7. Receipt of the deed in the presence of the parties. The intervention of witnesses.

8. The verification of the personal identity of the parties.

9. The minimum content of the notarial deed.

10. The causes of invalidity of the notarial deed.

 

 THE DISCIPLINARY LIABILITY OF THE NOTARY

11. The disciplinary procedure. The sanctioning system.

12. The responsibility of the Notary.

 

74770 - NOTARY LAW (Module 2) - Special Section

Biagio Caliendo

Teaching method: in presence (Conventional)

 

THE NOTARY AND THE CONTRACT LAW 

1. The purchase agreement.

2. The role of the Notary in the real estate.

3. The donation contract.

 

THE NOTARY AND THE COMPANY LAW

4. Companies in general.

5. Partnerships and the Role of the Notary.

6. Capital companies and the Role of the Notary.

 

THE NOTARY AND THE SUCCESSION LAW 

7. The Succession.

8. Inheritance and Legacy.

9. Testamentary succession.

10. The necessary succession.

11. follows: the family pact.

 

THE NOTARY AND VOLUNTARY JURISDICTION

Readings/Bibliography

Is recommended as reference:
B. CALIENDO, Manuale di Diritto Notarile, Padova, Cedam, in corso di pubblicazione.

OR:

for the general part: M. DI FABIO, Manuale di notariato, Milano, Giuffré, 2020;

for the special part: it is also suggested, in relation to the topics covered by the Program, reading some chapters of:

L. GENGHINI (a cura di), Manuali Notarili, Padova, Cedam.

 P. ZANELLI, Gli atti e i verbali societari, in Trattato di diritto civile e commerciale, a cura di F. Galgano, Padova, Cedam.

P. ZANELLI (a cura di), Guida notarile, Torino, Utet, 2010 (con scritti di P. Zanelli. B. Caliendo, M. Palmeri, S. Princivalle).

During the meetings will be provided additional materials and / or handouts on specific topics, also available by digital platforms of the University.

Teaching methods

The end-of-course examination will consist of a compulsory oral examination.

Students with a regular attendance record may be granted the opportunity to sit exams during the term or before the official examination session or writing papers depth study of specific topics under examination.

Assessment methods

The essay will focus on topics indicated in the "Program and contents" section.

The evaluation of the test will be carried out taking into consideration:

- Knowledge of institutional profiles

- The ability to analyze the jurisprudential and doctrinal guidelines

- The ability to make connections between the different parts of the program

- The ability to develop critical arguments

- The articulation of the exposure

- Accuracy of exposure

the following criteria will be used to assess the final mark (that will be out of 30/30):

• sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;
• fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;
• comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

• extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

Office hours

See the website of Pietro Zanelli

See the website of Biagio Caliendo