FAQs

The notarial documents
The main activity of notaries is the drafting of notarial documents: in a document, the notary certifies the authenticity of the contracts; this means that he gives them a special force: evidential and enforceability.

The preparation of a notarial deed is complex:

• First of all, the notary receives the private parties who approach him, gives his opinion and proposes solutions, guides the parties concerned in making their choice, analyses with them the civil and tax consequences of the various solutions, and calculates the costs associated with the transaction.
• When the parties have made their decision, it gathers the information and collects the necessary administrative information.
• The notary drafts the document and sends the parties a draft of the document.
• The notary approves the document by explaining it to the parties, certifying their supplementary statements and collecting their signatures before signing it himself. By approving the documents, the notary is liable.
• He takes care of the processing of subsequent formalities (transmission to the registers, ...).
• He keeps the documents in his notary's office.

A notarial deed is necessary for certain transactions.

The private agreements
A notarial deed is not always necessary. Sometimes, at the request of the parties, the notary draws up a document which he does not sign himself: for example, a simple loan agreement between private individuals. It is then a private agreement which does not offer the same guarantees as a notarial deed. However, it is not subject to the same formalities and does not entail the same costs.

Inheritance clearances
The liquidation of an inheritance is traditionally entrusted to notaries. He is often consulted for the preparation of a will. When a person dies, he contacts the heirs, provides the information relating to the acceptance or refusal of the inheritance, ensures that the heirs can become the owners of the assets, distributes the inheritance and takes care of the tax declaration. Sometimes, the heirs entrust him with other tasks, such as the payment of various invoices, the collection of rents, the sale of movable property, the appraisal of assets, ...

The provision of advice and opinions
Notaries can give advice or opinions without necessarily having to draw up a deed or a contract. As experts in family law, notaries can give informed opinions which may require investigations, for a fee.

A civil partnership is an agreement between two adults, irrespective of their sex, that regulates their living together. It is an alternative form of family organisation that creates family ties, rights and obligations for the parties.

What are the conditions for signing a civil partnership agreement?
The signatories must be adults with full legal capacity and must not already be married or have signed another cohabitation agreement.

Where and how is the civil partnership contract signed?
The signature is made in person before the notary. It cannot be done by proxy or by power of attorney.

Since when is the civil partnership valid?
The contract comes into force as soon as the official copy is deposited at the Registry Office of the place of residence and entered in the special register of the Registry Office.

Does the surname change with the signing of the civil partnership?
No, the surname of the parties remains unchanged. However, the parties may, by mutual agreement, use each other's surname in their social relations.

How are the parties' relationships regulated by the civil partnership?

• Personal Relationships: Obligations to cohabit and use a surname are governed by the marriage provisions of the Civil Code, unless otherwise specified.
• Non-Personal Relationships: They can be freely determined by the parties on the basis of equality and solidarity. In the absence of such an arrangement, the provisions on marriage shall apply by analogy.

How is the civil partnership dissolved?
The termination of the contract shall be effected by the parties' personal signature before a notary. In case of unilateral dissolution, a prior invitation of the other party through a bailiff is required, and after three months it can be completed. The dissolution shall take effect from the date of deposit of the relevant document at the competent registry office. The pact is also dissolved if the parties enter into a marriage.
Nutrition after the dissolution of the Treaty
The parties have a right to maintenance after the termination of the contract, unless they have expressly waived this right at the time of signing the contract.
Social Security Rights
According to Law 4387/2016, parties to a civil partnership are fully assimilated to married couples in terms of social security rights, benefits and obligations.
Cost of a Civil Partnership Agreement
The cost is determined by the number of sheets of the notarial deed, while an additional charge applies for official copies. Usually, the total cost does not exceed 150.00 euros including VAT.

When do I need a notary?
You need a notary for legal acts such as the sale and purchase of real estate, incorporation of companies, acceptance of inheritance, marriage contracts, civil partnerships, power of attorney and other acts that require official registration.

What is a power of attorney and when is it needed?
It is a document whereby you authorise someone to act on your behalf in certain matters. It is necessary in cases where you cannot be present in person.

What do I need to know before signing a notarial deed?
It is important to have all the necessary documents, to fully understand the content of the transaction and to ensure that all elements of the transaction are legal.

What documents are needed for the purchase and sale of a property?
You need the title deed, the E9, the enfia certificate, tax information, engineering and energy efficiency certificates, as well as the buyer's and seller's ID and VAT number.

How can I be sure of the legality of the act?
The notary is responsible for ensuring that all legal requirements are met and that the deed is drawn up in accordance with the law.

What is acceptance of inheritance?
It is the process by which someone formally accepts the rights and obligations they inherited through a notarial deed.

Can I renounce an inheritance?
Yes, you can renounce your inheritance by filing a declaration with the Court of First Instance of the competent district within four months of the day you were informed of the inheritance.

What is a secret covenant?
It is a will that is delivered by the testator to the notary in a sealed envelope, without revealing its contents.

What is the procedure for establishing horizontal or vertical ownership?
The notary drafts the relevant deed based on the engineer's plans and ensures compliance with the planning legislation.

Who is responsible for the taxes on a property purchase?
The buyer pays the transfer tax, while the seller is responsible for paying any capital gains.

Can I sell a property I have inherited before the acceptance of the inheritance?
No, you must first accept an inheritance in order to obtain full legal ownership of the property.