L’“enigma” sul ruolo del notaio nell’accordo di separazione “negoziato in assistenza” avente ad oggetto trasferimenti immobiliari

Di Remo Trezza -

This paper stems from the need to bring order to a central issue regarding the legal nature of the separation agreement pursuant to art. 6, co. 3, l. n. 162/2014, which introduced the so-called “assisted negotiation”, as a further method of dispute resolution. The separation agreement containing real estate transfer transactions is a real “notarial deed” and as such must be authenticated by the notary as public official and promoter/guarantor of the certainty of juridical traffic and transcribed according to the rules of the civil code. In the event that the notary fails to authenticate such an agreement, it would be subject to disciplinary sanctions provided for by the well-known notarial law of 1913. The writing, in the form of a note in the judgment, therefore tends to reconstruct the story placed at the lens of the Supreme Court and seeks, through a structural study of the questiones iuris addressed, to dwell on the function of the notary who will always remain the “tabellio” of our days.