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

INTRODUCTORY ISSUES

1. Jurisdiction of the notary and notarial order.

2. Notaries and the liberalization of professions.

3. Form and content of notarial acts. The discipline deed.

Inter vivos acts

4. The structure of the sales contract. The types of sale.

5. Property Rights: the protection of purchasers of properties to build (Legislative Decree no. 122/2005)

6. Follows: the transfer of airspace and the new no. 2-bis of art. 2643 cc Timeshare and Consumer Code as amended. The restrictions on the circulation of the buildings: the historical and artistic movement of goods referred to in Legislative Decree no. 42/2004.

7. Transcription from the obligatory nature elasticity.

8. Follows: Art. 2645-quater and the transcription of the constraints publicistic.

9. Loans and Mortgage: the subrogation in mortgage credit and transportation.

10. The new rules of the condominium: notarial aspects.

ACTS OF COMMERCIAL

11. The structure of the partnership agreement, and the company reports.

12. The voluntary corporate jurisdiction: the approval / registration in the commercial register notary. The sales of businesses, mergers and transformations of companies in general and employment contracts pursuant to art. 2112 cc

13. The new simplified and reduced capital companies, new innovative start-ups.

14. Dai districts to network contracts. New subjectivity and the relationship with employment contracts

FAMILY RELATIONSHIPS AND ACTS MORTIS CASE

15. The new subsidiary, reports of fact, I say, and cohabitation agreements.

16. The shape of wills. General principles of succession.

17. Follows: heirs and successors prohibition of agreements.

18. The family agreements: the transfer of an undertaking.

CONCLUDING ISSUES

19. The electronic transmission of documents and related formalities. The electronic document, electronic signature and digital signature, the digital document.

20. Profiles tributaries: the new taxes, the facilities, the non-profit organization.

Readings/Bibliography

Is recommended as reference:
M. DI FABIO, Manuale di notariato, Milano, Giuffrè, 2007.

It will also be suggested 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.

Assessment 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.

Office hours

See the website of Pietro Zanelli