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2 clusters · 3 sources · 3 days · First seen · Last updated
Italian notary professional liability regulations
Overview
Legal developments in Italy have addressed the scope and duration of notary professional liability. Under Law 145/2026, a strict 15-year limit was established for compensation claims following the date of a public deed or signature authentication. This serves as an absolute forfeiture period, while a separate 10-year statute of limitations applies from the moment damage is known to the requesting party.
Complementing these legislative changes, the Italian Supreme Court (Corte di Cassazione) clarified the limits of a notary’s duty of care regarding real estate encumbrances. The Court ruled that a notary is not liable for failing to verify the truthfulness of a seller’s claims regarding an extinct mortgage if that mortgage is already visible in public registries. The ruling specifies that notaries are not required to investigate the authenticity of declarations, such as fraudulent bank certificates, when the mortgage is already a matter of public record.
Entities
Timeline
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6 days ago
[BUSINESS] 2 sourcesItaly: Supreme Court rules on notary liability and mortgage cancellationThe Italian Supreme Court ruled that notaries are not liable for verifying a seller's claims regarding mortgage extinction if the lien is already visible in public registries.
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8 days ago
[POLITICS] 3 sourcesItaly introduces 15-year limit on notary liability claimsItaly has implemented new rules for notary liability, establishing a strict 15-year absolute forfeiture period for compensation claims following the signing of public deeds.
Sources
business.laleggepertutti.it · diritto.it · risoluto.it