Bilingual Notarial Deeds in Italy
Guide contents
Buying property, establishing a company, accepting an inheritance or signing a power of attorney in Italy should never become a linguistic obstacle.
For international clients, one of the most important aspects of a notarial transaction is being able to understand fully the document they are asked to sign and its legal consequences.
Italian law specifically regulates the language of notarial deeds. The general rule is that notarial deeds are drawn up in Italian. Special rules apply, however, when one or more parties declare that they do not know Italian.
If the foreign language used by the parties is known by the Notary, the deed may, under the conditions established by law, be drawn up in that foreign language. In that case, the foreign-language deed must be accompanied by an Italian translation, placed alongside it or below it, and both texts are signed in accordance with the formal requirements applicable to the deed.
If the Notary does not know the foreign language used by the parties, the deed may still be executed with the participation of an interpreter chosen by the parties. In this case, the deed is drawn up in Italian and is accompanied by the corresponding written translation into the foreign language prepared by the interpreter, in accordance with the formalities prescribed by law.
The two situations are therefore different. A bilingual notarial deed should not be understood simply as an Italian document accompanied by an informal translation. The language in which the deed itself is drawn up, the role of the other language text and the possible participation of an interpreter depend on the statutory procedure applicable to the individual case.
This distinction is an important legal safeguard. Its purpose is to ensure that every party understands the declarations being made, the contents of the deed and its legal consequences before signing.
The appropriate procedure depends on the languages known by the parties and by the Notary, the type of deed and the circumstances of the transaction.
Foreign documents used in connection with the deed raise a separate issue. Depending on their nature, country of origin and intended use in Italy, they may require an apostille or legalisation and, where applicable, a translation into Italian. These requirements are checked separately before execution of the deed.
For this reason, international transactions are prepared in advance so that the correct language procedure can be identified and all necessary documentation can be obtained before completion.
The objective is not merely to translate words. It is to ensure that every party understands their legal meaning and the effects of the transaction.
The appropriate solution is determined by the Notary on the basis of the specific circumstances before the deed is executed.
Frequently asked questions
What is a bilingual notarial deed in Italy?
A bilingual notarial deed is a notarial instrument for which two coordinated language texts are prepared in accordance with the rules governing the language of notarial deeds.
Their legal function is not necessarily the same in every case.
Where the parties declare that they do not know Italian and the Notary knows their foreign language, the deed may be drawn up in that foreign language and must be accompanied by an Italian translation.
Where the Notary does not know the foreign language, the deed is drawn up in Italian and is accompanied by the foreign-language translation prepared by the interpreter.
The applicable procedure is determined before execution of the deed.
Does Italian law allow bilingual notarial deeds?
Yes.
Italian law expressly provides procedures allowing parties who do not know Italian to execute a notarial deed with full understanding of its contents.
The precise structure of the document depends on whether the foreign language is known by the Notary and on the other conditions prescribed by law.
For this reason, it is not technically correct to describe every bilingual deed as an Italian original followed by a foreign translation: depending on the applicable procedure, the relationship between the two language texts may be different.
When is an interpreter required?
Where a party declares that they do not know Italian and the Notary does not know the foreign language used by that party, Italian law provides for the participation of an interpreter chosen by the parties.
The interpreter must satisfy the requirements prescribed by law, takes an oath before the Notary to perform the role faithfully and participates in the formal execution of the deed.
In this case, the deed is written in Italian and the interpreter prepares the corresponding written translation into the foreign language. Both texts are dealt with and signed in accordance with the formal requirements established by the Notarial Law.
The interpreter therefore performs a legal function during the execution of the deed and does not merely provide an informal oral translation.
Can the Notary work directly in a foreign language?
Yes, where the conditions established by Italian law are satisfied.
If a party declares that they do not know Italian and the Notary knows the foreign language used by that party, the deed may be drawn up in that foreign language in accordance with Article 54 of the Italian Notarial Law.
An Italian translation must accompany the foreign-language deed and the other formal requirements prescribed by law must also be observed.
More generally, the Notary may communicate directly with international clients in a language known to him throughout the preparation of the transaction. The formal language of the deed itself, however, remains governed by the specific provisions of the Notarial Law.
How are foreign documents handled?
International transactions frequently involve powers of attorney, certificates, corporate documents, civil-status documents and other instruments issued outside Italy.
The rules governing these documents are distinct from those governing the language in which the notarial deed itself is drawn up.
Depending on the nature and origin of the document and on its intended use in Italy, an apostille or legalisation may be required. A translation into Italian may also be necessary in accordance with the rules applicable to the particular document and the formalities for which it is to be used.
These requirements are checked before completion so that any necessary formalities can be dealt with in advance.
Why does the Italian system place so much emphasis on language?
Understanding the deed is an essential part of the protection provided by the Italian notarial system.
The language rules are intended to ensure that a party who does not know Italian is able to understand the declarations being made and the legal consequences of the transaction before signing.
They are therefore not merely translation rules, but formal safeguards governing the execution of the notarial deed.
Choosing the appropriate solution
Whether a transaction requires a deed drawn up in a foreign language with an Italian translation, an Italian deed accompanied by a translation prepared by an interpreter, or other language arrangements depends on the circumstances of the individual case.
The languages known by the parties and by the Notary, the nature of the transaction and the documentation involved must all be considered before the deed is prepared.
The appropriate procedure is determined by the Notary in accordance with Italian law and on the basis of the specific circumstances of each transaction.