The notary, a trusted third party - CONCLUSIONS
The notary, a trusted third party
Clarissa Fonda
Notary in Rome

In the light of the foregoing, the notary, projected in the near future should:

1) To enhance the use of the authentic act as their instrument of Latin notary, and to convert the certainty and legality arising from this instrument for the purposes of real estate circulation and the certainty of rights, unlike what happened in Anglo-Saxon system;

2) Becoming more and more an international notaries, able to interpret the growing need for security but also the specific needs of a joint enterprise, made up of different cultures, languages and legal systems, acquiring the linguistic and legal knowledge necessary to solve the most complex issues;

3) Take over the IT tools and claim the use of their digital signature, for creating digital public acts comparable to paper public acts, obtaining the exclusive system of conservation and archiving of public documents; fit as the main protagonist in the creation of electronic documents system, which "third party", guardian of the code of encrypted documents and digital records; develop the use of EUFIDES platform for the conclusion of the international contracts at distance;

4) From the territorial point of view, the notaries must create an institutional network in each country, to deal with a local organized service that allows to meet the needs of citizens in the territory, including through the cooperation of colleagues in other regions, to cover the demands that the new society with more and more mobility needs, imposes;

5) Impose in some sectors, which are targeted by the liberalization, the primacy of its function, such as the law of succession and retention of new European successors certificates, the creation of a Notary European mediation, even in the business sector, family law with the regulation of new institutions, adoptions, proceedings of voluntary jurisdiction, areas where in fact the natural role of the notary, as a guarantor of impartiality and "third party", finds a privileged position;

6) It is important that the Notary writes the conventions and agreements that regulate the professional relationship of the category with the banks, with the financial world, so that it can create a relationship of cooperation and not of subordination, as the big companies are trying to make;

7) Highlight the value of skills and competencies of a profession made up of years of study and training, emphasizing the fact that the notary is a liberal profession, with individuality and independence, operator of an intellectual profession that focuses on enterprise service but which it is not subjected, against the wrong ideological prejudices that often do not take into account the reality of the profession;

8) Try to find a common point on legal fees, to prevent the sell off professional colleagues;

9) Working from a Community point of view, to promote seriously in practice an European Notary that uniforms and facilitates the collaboration between colleagues from different countries, preparing laws on associations between notaries, both at national and European level;

10) In Italy, where this is still possible, defend the active role of the Notary in corporate transactions and in the formation of companies, while preserving the authentic form, as a minimum form for the registration of documents in Public records.

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