“Tanto più notaio, tanto meno giudice" (“The more notary, the less judge”). With this very words, a famous jurist (Carnelutti) has given a synthetic yet concrete definition of a notary's essential function: the basilar activity the law puts into the care and protection of them.

This means that the better job the notary accomplishes - preascertaining and interpreting the will of parties who decide to make a contract, redacting it clearly and according to the italian and international law, also including the requested clauses - the less our customers will have to appeal to the court (thus the minor risk for the contract to be disputable). This is the reason why is precluded to the notary to receipt acts that are forbidden by the law (art. 28, legge notarile) and why them are bound over to assure their customers' identities (art. 49 legge notarile) therefore to truly investigate their volitions (art. 47 legge notarile).

These obligements are particularly narrow and whose nonobservance causes the notary, apart from personal liability, to be liable for nondisciplinary behaviours (If considering the worst violations of the forementioned obligements, the notary can be either suspended or worse dismissed). He also can be criminally liable for false declarations in authentic instruments.