Mortgage Loan

 

The mortgage loan is a contract by which a person (usually a Bank or an equivalent institution) grants to another (borrower) a sum of money to be repaid in installments, at a given interest rate, to the grant of a right of guarantee (mortgage) by the borrower on a specific real property owned. It is one of the most common contracts, frequently related to a sale, and invests the Notary of a delicate role, in fact he has to verify what has been seen not only in terms of verification of ownership of real estate law , but also to check that the clauses required by the Bank are legal and do not adversely affect the rights of the consumer/borrower .

Acts Due to Death

The so-called “acts mortis causa” (or “cause of death”) are those in which the event of death is a determining concerning the signing of the act or the effects of acts already concluded .

We will see below a summary of the principal among these types of acts, again highlighting the importance of a direct conversation with the Notary, an expert on inheritance law .

 

LAST WILL

The Will is the act with which someone has the right substances for the time that will have ceased to live .

It is a very important and delicate act, just because it allows the individual to determine the fate of its assets for the time in which it will be dead , even in a different way from the provisions of the Civil Code or special laws.

It can be : public, holographic or secret.

The first (public testament) is received by the Notary in the presence of two witnesses and kept in the acts of Notary in a separate Repertoire (one of the last acts of will) and secret. No one will know of the existence of it apart Notary and Offices to which its existence must be notified of the existence. Obviously it is also that, among the three, which allows the testator to be more reliable and protected the compliance of his Will because it will be written by the Notary within the law and in the most appropriate from the legal point of view .

The holographic Will is what the testator writes entirely in his own hand , including the date and signature, in the quiet of his own home without the need of witnesses and anyone to externalize his Will. It is the most delicate because it will expose to the risk of theft, destruction, alteration, loss, dispute about the ability of discernment of the author, doubts about the identity of the author, and the interpretation of the writing .

The secret Will , finally, is the one that can be written by the testator or by a third person (but in this case subscribed also by the testator in each half sheet, and not only at the end),  it can be written also with mechanical tools (and not necessarily in hand) and delivered to the Notary in a sealed envelope for the deposit, which occurs in the presence of two witnesses by the special report remaining in the acts of the last will of the depositary Notary .

The advantage is that the formal deposit at the Notary guarantees the testator on the failure to theft or loss or destruction by third parties.

All three types of wills may be modified or revoked by the testator at any time, even with the will of a different shape from the one adopted for the one to withdraw, until the last moment of his life. The withdrawal can also be tacit, that is performed by changing the testamentary provisions contained in other previous will.

The advice is always to consult Notary because illustrious more thoroughly all the peculiarities one or another kind of testament and attend the testator on the content of the same.

 

PUBLICATION OF TESTAMENT

The will, whatever its form, to produce effects (of course after the death of the testator ) must be published with a act or pass by the Repertoire of the acts of last will that acts between living, always with a report prepared by the Notary , in this case the same from whom he had been made the deposit.

 

BIOLOGICAL TESTAMENT ( from: www.notariato.it )

The issues of advance health treatment, commonly called “advance directives”, or “living will”, were the attention of the notary since January 2004 when the issue was at the center of a multidisciplinary conference (notaries, doctors, judges  held in Cagliari.

Recently, the proposals made by the Veronesi Foundation and the text of declaration of intention released by Prof. Umberto Veronesi, as well as legislative initiatives , have made real the need to ensure the certainty of the origin of statements about health treatments, their “current affairs” temporal and their availability.

Situations and objectives are achievable by a notarial intervention aimed at ensuring the added value of the certainty provided by the public task of certification, in compliance with the operating procedures established by law; as is the case, for example, in the choice of the administrator support with regard to the care of the person and to the interests of the beneficiary in anticipation of possible future inability of the latter (Art. 408 Civil Code ).

The evaluation of lend your ministry in this case can only be the individual notary , both for ethical considerations that legalistic. This is why the District Councils notary on the national territory will prepare a list of notaries available.

The National Council of Notaries also, on the basis of the results achieved in computing and technological innovation by category, has repeatedly expressed his willingness to provide for the establishment and maintenance of a “General Register of Wills of life”, with costs own expense, in order to satisfy the need of storage and of knowing the provisions of the “living wills”.

In respect of self-determination of the individual and the dignity of the legal ill, the notary believes in its role as a “social utility” in such an important moment in the life anyone, and provides their thoughts and insights for identifying legal instruments more effective in expectation of the legislature

At present a number of agreements were reached between the Notarial Councils of several districts and their municipalities to set up the registers for the collection of advance of living wills. It is possible to find them the site www.notariato.it

 

Amministrazione Trasparente

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